What do I need to know about the statute of repose in medical malpractice cases?

The statute of repose in Virginia addresses medical malpractice cases. It is a law that limits the timeframe in which a medical malpractice claim can be brought. The statute of repose in Virginia requires a claimant bring a medical malpractice lawsuit within two years from when the injury occurred. This is known as a two-year statute of repose. However, there are exceptions to this rule. For instance, minors under the age of 8 have until their 10th birthday to file a claim, and those between 8 and 18 have until their 20th birthday. Additionally, if new evidence comes to light after the two-year statute of repose has expired, it may be possible to file a claim. In this instance, the claimant must prove that the new evidence was not available at the time the injury was caused, and that it was not reasonably discoverable. Ultimately, the statute of repose is a statute intended to bar claims that are not brought within a certain time period. This helps to protect medical providers from being liable for malpractice claims that are brought outside of the allotted time period. It is important to remember that the statute of repose in Virginia is a strictly enforced law, and failure to abide by it may result in a claim being denied.

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What do I need to know about the statute of repose in medical malpractice cases?

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