What is the statute of limitations on medical malpractice claims?

The statute of limitations for a medical malpractice claim in the state of Virginia is two years from the date of the alleged malpractice or two years from the date the injury or death was discovered or should have been discovered. The time limit can be as short as one year if the injury or death is related to leave taken under Virginia’s Family and Medical Leave Act. The statute of limitations can also be extended under certain specified circumstances, such as if the patient was a minor at the time of the malpractice. It is important to keep in mind that the statute of limitation for medical malpractice in Virginia is the same regardless of who is bringing the claim (i.e., the victim or the victim’s family). Additionally, the two-year statute of limitations does not start running until the victim has a reasonable understanding of the harm caused by the medical malpractice. It is also important to note that the two-year statute of limitations is not a hard and fast rule in Virginia; there are some exceptions where the limits can be extended. For example, if a patient has a claim against a doctor employed by the federal government, the claim must be filed with the federal government within two years. Additionally, if a patient has a claim against a health care provider employed by a state or local government, the claim must be filed within one year of the malpractice. It is critical to know the statutes of limitation for medical malpractice claims in Virginia in order to ensure that a claim is filed on time. If a claim is not filed within the applicable time frames, the victim may be precluded from recovering any damages related to the malpractice.

What is the statute of limitations on medical malpractice claims?

Related FAQs

Related Blog Posts