Legal Question in Credit and Debt Law in Virginia

Warrant in debt for hospital bills

I have been issued a warrant in debt for my hospital bills that I accrued in July of 2002. I was given a bill around 2,300 after the insurance company paid their part. Since that time I have been paying a little each month between $10-$50 depending on what I can afford. I was told by several people in VA. as long as you send them something each month to prove you are trying to pay them they can't legally hurt your credit history. I am sending them money why did I get a warrant? And do you know the statute of limitations on medical malpractice in VA.?


Asked on 9/06/03, 9:57 am

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

Re: Warrant in debt for hospital bills

In addition to any potential counterclaim for malpractice action you may have against the hospital or third-party claim you may have against its contractors (physicians & group practices), I'd bet you have a handful of violations of the Virginia Consumer Protection Act you could sue on. Check your receipts & billing statements carefully, and see if there's anything you were billed for that you didn't get or things sold to you that you didn't ask for and didn't need for medical reasons, and especially things offered to you for your comfort which you accepted without being told they were extra-price items; and overhead items for which the hospital made an extra charge (e.g., "pharmacy usage fees" not incorporated into the price of drugs).

Further, if you were told one thing about your medical procedures and got something you didn't expect, that may be a violation, too.

The medical lobby is active in Richmond, and almost as powerful as the banks, insurance companies, and natural gas suppliers who have already gotten themselves exempted from the VCPA for any lying, cheating, and stealing they feel like doing. Get your suits filed before they buy a change in the law!

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Answered on 9/08/03, 8:23 am
Daniel Press Chung & Press, P.C.

Re: Warrant in debt for hospital bills

Partial payments that do not satisfy the debt are not sufficient to avoid credit reporting or legal action, absent agreement of the creditor.

The statute of limitations for medical malpractice is generally two years from the date the cause of action accrued, which date itself depends on the facts.

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Answered on 9/06/03, 10:03 am


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