Legal Question in Medical Malpractice in New York

Statute of limitations on medical bill
I called my gyn office for a script for a mammography, which they mail me every year. I was told after a total hysterectomy by them in 1993 I no longer needed yearly exam. The billing clerk got on the phone and said that I owe them $127 from 1999, that insurance never paid and they turned over to collection. I never received any bill for that amount and had them send me a printout, it showed there was a bill for $130 that was billed to insurance. At some point I sent them a check (in1999) for $3.00 so insurance must have paid the $ 127.00. Now they are saying I need yearly exams and will not see me until I pay and that my account is in collection. It does not show on my credit report, can they report it again and obviously I do not have my records from 10 years ago. Do I have to pay this? I sthis also malpractice them telling me I didn't need to be seen and examined for the past ten years?

Asked on 3/18/09, 11:47 am

Jason Kessler Law Offices of Jason B. Kessler, P.C.

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Re: Statute of limitations on medical bill

I wouldn't pay the SOL for any contract (which a bill would fall into) is 6 years. I would go to a new GYN and tell them to buzz off.

Answered on 3/18/09, 11:58 am

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