How do I know if the medical malpractice claim was filed within the statute of limitations?

When determining whether a medical malpractice claim is filed within the statute of limitations, you will want to look at Virginia’s statute of limitations laws. In Virginia, the statute of limitations for a medical malpractice claim begins at the time of the negligence, and claimants must file the claim within two years. This time limit is known as the “statute of repose.” A statute of repose gives medical professionals a certain amount of time in which they can’t be held liable for their actions, no matter how long the effects of the medical malpractice are felt. This means that even if the medical malpractice claim is filed after two years, the court may not hear your case. It is important to note that there are certain exceptions to this two-year statute of limitations, such as if the malpractice was done by someone acting as a government employee. Additionally, the two-year limit does not start until the patient discovers, or should have reasonably discovered, the injury materialized from the malpractice. In determining whether a medical malpractice claim was filed within the statute of limitations, it is important to consult with an attorney who is knowledgeable about Virginia’s laws on this topic. This can help you make sure that your claim is filed within the two-year statute of limitations, so you can pursue justice for your malpractice-induced injuries.

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