Legal Question in Credit and Debt Law in Virginia

medical bills

In 1997, my grandmother had hip replacement surgery. We had not heard anything from a particular doctor. Now, 4 years later we received our first bill. He is demanding payment and is only giving us 10 days to pay it. Is the Statute of limitations expired? If so, what can we tell this Doctor.


Asked on 2/17/01, 11:26 am

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: medical bills

I'd bet anything y'all signed something at the time of the surgery; that makes it an action on a written contract for which the statute of limitations is five years. You'd be well within your rights to demand a complete accounting, though, of the basis of each element of the bill. How did the physician's delay affect your insurance if any? I'd offer a settlement, if I were you, since you may have rights to set-off any negligence on his part (including med-mal, even though the statute of limitations has expired), and possible actions for violations of the Virginia Consumer Protection Act. Call and try to work it out.

BTW, if you got the bill from a collection agency, that changes things entirely; that gives you rights under the Fair Debt Collection Practices Act.

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Answered on 4/02/01, 5:10 pm


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