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How Long Do You Have to File a Medical Malpractice Claim In Virginia?

The laws in most states specify a certain timeframe for filing lawsuits. This timeframe may vary depending on the specific type of case. This limited timeframe is commonly referred to as the statute of limitations. The Commonwealth of Virginia has set forth its own statute of limitations for different types of cases and legal disputes. Medical malpractice cases that are filed in Virginia courts must be filed within a certain amount of time from the date of the injury. However, the amount of time that a plaintiff has to file his or her claim depends upon the specific facts of his or her case.

According to Section 8.01-243 of the Virginia Code, every action for personal injuries, including medical malpractice claims, must be filed within two years of the date of the injury unless specific circumstances exist which allow for an extension of the limitation period. Individuals who fail to file a complaint or lawsuit within the limitations period may be barred from having their case litigated in court.

Potential plaintiffs should keep in mind that the Commonwealth of Virginia requires that all medical malpractice claims be certified before a lawsuit may be filed. This certification period may take a substantial amount of time to complete. Medical malpractice attorneys are generally not given additional time outside of the limitations period to obtain a Certificate of Merit. Therefore, potential plaintiffs should seek legal consultation as soon as possible following a suspected instance of medical malpractice to ensure that their claim will be filed in a timely manner.

There are certain circumstances that will result in an exception to the general 2-year limitation rule for filing a medical malpractice case in Virginia. The Virginia Code allows for an extension in cases where “a foreign object having no therapeutic or diagnostic effect” is left in a patient’s body. In such cases, the limitations period will be extended for one-year from the date that the object is discovered or should have reasonably been discovered.

If you did not discover an injury due to fraud, concealment or intentional misrepresentation on the part of your doctor or other medical professional, you have generally have one additional year from the date that you discovered your injury to file a claim with the court. Intentional fraud cases are generally pretty rare as most medical malpractice actions arise out of the negligent acts of a doctor or physician. If your doctor fails to diagnose a malignant tumor or cancer, you may have an additional year to file your medical malpractice claim from the date when the misdiagnosis was discovered.

As a general rule, even if a particular case is eligible for an extended limitations period, the claim must be filed within a maximum of ten years from the date of the injury unless the plaintiff has a disability or is incapacitated at the time of the injury. In such cases, the statute of limitations will not begin to toll until the disability is removed. These types of cases regularly arise with infant and childbirth injuries that are not recognized or litigated immediately by the child’s parent or guardian.

Potential plaintiffs to Virginia medical malpractice actions should use the two-year statute of limitations period as a general rule of thumb for filing a claim. In any case, you should seek the advice and counsel of a qualified medical malpractice attorney who can assess your case and advise you of your legal options. Even if you suspect that the limitations period may have lapsed in your case, you should consult with a local lawyer to determine if your case qualifies as one of the exceptions to the general statute of limitations rule.

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