What type of medical malpractice claims are time-barred or have a statute of limitations?

In Virginia, there are several different types of medical malpractice claims that are time-barred or have statutes of limitations. Generally, a claim must be brought within two years of the date of the malpractice. For example, a claim for wrongful death because of medical malpractice must be brought within two years of the date of death. Additionally, if a plaintiff discovers the malpractice before the two-year mark, the lawsuit must be filed within one year of the discovery. Cases involving minors, however, have a different time restriction. For example, if a person under the age of 18 was injured due to malpractice, the lawsuit must be brought either within two years of the date of the malpractice or within two years of the date the minor turns 18, whichever date is later. At the same time, however, medical malpractice claims must be brought within five years of the date of the malpractice, regardless of whether or not the plaintiff knew about the malpractice. This five-year period does not begin to run until the plaintiff knew or reasonably should have known about the injury and its connection to the malpractice. Therefore, any medical malpractice claims that are outside of the two or five-year time frame are typically considered time-barred or have a statute of limitations. It is important to be aware of these time restrictions in order to ensure that the claim is filed within the proper time frame.

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What type of medical malpractice claims are time-barred or have a statute of limitations?

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