What can a do about a 5 year old bill?

UPDATED: Sep 29, 2022

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What can a do about a 5 year old bill?

I was seen in an ER for a seizure related episode and was put on a medication which I had a severe allergic reaction to while there. The doctor stated I had an allergic reaction and put me on Benadryl right away. When I was discharged I was given medication and took it as prescribed. Unfortunately, the medication the doctor prescribed turned out to be the generic pill form of the medication I had just had an allergic reaction to. I had to return to the ER with breathing difficulties the next day because of this error. I explained my situation several times on the phone and finally was told the bill would be taken care of. I just now received a bill 5 years later. Can they charge me for this after all this time when they were at fault?

Asked on October 7, 2015 under Bankruptcy Law, Virginia


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The statute of limitation in Virginia for breach of a written contract is 5 years.  They may very well file suit quickly to avoid missing that window.  If they do let it go more than 5 years without suing, know that it is too late for them to sue after that window closes.

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