Same as other cases, a medical malpractice also has the statute of limitations. It means that the malpractice case has a limit to be brought to the court. If the limit passes, you are not able to file a claim anymore. But, how long is the statute of limitations on tort malpractice in Virginia? If you have a case related to it and you want to take it to court, but it happened in the past and you wonder whether you can take it to court or not, it means that you have to read the information about it below.
The Statute of Limitations on Tort Malpractice in Virginia
As explained on the Price Benowitz site, a malpractice case needs to be brought within two years of the date of injury and they start from the date of injury. The statute of limitations is usually counted from the date of injury. It is advised to a victim of medical malpractice to consult with an experienced medical malpractice lawyer immediately so that their case can be handled soon.
In Virginia, statutes of limitations in medical malpractice lawsuits are explained in laws which were passed by the Virginia legislature where it sets the limit about how long you can file a civil lawsuit for medical practice, such as a personal injury. As explained on the Allen & Allen site, two rules about statutes of limitations are available as you can read below.
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- The period of time begins running on the date your claim appears or accrues (the date of your personal injury).
- If the statute of limitations ends or runs, you are not allowed to file a lawsuit or legally pursue your claim.
It is also explained on the same source that there are a lot of types of civil claims and every of them is ruled based on its own statute of limitations. The statute of limitations for medical practice claims gives a range of time where it may be one year to 10 years. There are at least two things that must be considered to determine the applicable time limit for a specific medical malpractice case, namely the type of malpractice and when it is found.
Various Malpractices Cases
In general, the statute of limitations for medical malpractice is two years. However, the important thing that you need to note is that it may vary for different types of medical malpractice actions. There are also some other factors, such as whether it involves minors, fraud, etc. Some reasons may happen so that it hinders or extends the statute of limitations. So, for every malpractice case, the victim needs to consult with a right lawyer. When they choose a lawyer, make sure they choose a lawyer who has experiences in the related cases.
In Virginia, the statute of limitations of a medical malpractice case is usually stalled or extended for any period of time where it happens in case someone is a minor or under a statutorily defined disability.
Extension for the Statute of Limitations for Medical Malpractice in Virginia
In general, the statute of limitations for medical malpractice is two years where it is counted from the date of injury. And now the question is, can the statute of limitations for medical malpractice in Virginia be extended? Well, there are certain situations where the time period can be extended as you can read below as cited from Allen & Allen site.
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- If in the case there is a foreign object with no therapeutic effect which is left in the body, the statute of limitations applies one year after the date the object is found or reasonably should have been found.
- If there is concealment, fraud, or intentional misrepresentation that prevents discovery of the injury within the 2 year period, it means that the statute of limitations runs one year after the date the injury is found or by the exercise of due diligence reasonably should have been found.
- In case it involves negligent failure in diagnosing a malignant tumor or cancer, the statute of limitations applies one year after the date the diagnosis of a malignant tumor or cancer is communicated to the patient by a healthcare provider in case the healthcare provider’s underlying act or omission was on or after July, 2008.
It is important for you to note that the rules explained above will not extend the limitations to a period greater than 10 years after the cause of action accrues.
The Start of the Statute of Limitations to Run
As explained earlier, in general the statute of limitations for medical malpractice is two years. However, you may have around one to 10 years to file a medical malpractice lawsuit. To determine the start of the period is sometimes not clear because it depends on the specific facts of your case. So, consulting with a lawyer is the key so that you will know whether you can file a lawsuit for your case and what you have to do to file the lawsuit.
Code of Virginia About Medical Malpractice Statute of Limitations
The code of Virginia section 8.01-243 explains about medical malpractice statute of limitations in Virginia where it gives a time limit on all claims against health care providers for alleged malpractice or professional negligence. According to this law, the claimants have two years from the date the medical error happened to file where it states that every action for personal injuries needs to be brought within two years of the cause of action’s accrual. Note that medical malpractice suits in Virginia, as explained on the Pendleton Law Team site, have special exceptions to the statute of limitations. Let’s say that you are still receiving treatment for the injury, the courts will extend your deadline until your treatment is completed.
Even though Virginia has the statute of limitations for medical malpractices, this state also has a statute of repose on medical malpractices claims where it gives an overall deadline to file, regardless of whether there is an exception or the discovery rule on the case. In this state, the statute of repose on all medical malpractice claims is 10 years from the date of the medical error. It means that if you cannot bring your claim within 10 years of the date of the alleged malpractice, the possibility is that the courts will dismiss your case. However, in case the plaintiff was under 18 years old at the time of malpractice or in case the plaintiff had a legal disability that extended beyond the 10-year timeframe, it can be the only exception.
Why a Victim Should Consult with a Lawyer
Since the statute of limitations in Virginia is something complicated, especially if it is related to medical malpractice actions, so it is advised for a victim to consult with a lawyer and make sure that the lawyer has experience in the related case. By consulting with a lawyer, they can be helped with their case. They will know what steps that they need to take. Besides, they also will get the understanding about what they are facing.
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