Medical malpractice is a legal term for when a healthcare professional’s mistake harms a patient. This could involve an incorrect diagnosis or treatment that leads to injury or illness. In Virginia, a patient may be entitled to financial recovery if they have been harmed by medical malpractice. However, there is a time limit for filing these legal claims, known as the statute of limitations, which varies depending on the specifics of the case.
The Deadlines for Filing a Medical Malpractice Claim in Virginia
Virginia’s statute of limitations for medical malpractice establishes a time limit for filing claims against medical care providers for alleged medical malpractice or negligence. Those pursuing this claim will usually have two years from the date the medical mistake occurred to file their claim. However, unlike other injury claims, malpractice suits in the state have certain exceptions that can impact this deadline.
Exceptions To the Statute of Limitations for Medical Malpractice Claims In Virginia
The statute of limitations for medical malpractice claims can be stalled or extended for numerous reasons in Virginia, including the following:
- If a patient has an object left in their body, they can take legal action within one year from the discovery of this object or the date they reasonably could have discovered it.
- If a patient fails to discover the malpractice within the statute of limitations due to concealment, fraud, or misrepresentation of fact, they will have one year from the discovery date of their injury to submit a claim.
- If a patient is still receiving treatment for their injury, the courts can extend their deadline until their treatment is complete.
- If a patient files a claim due to a negligent failure to diagnose a malignant cancer or tumor, they will have one year from the diagnosis date to submit their claim. However, there are certain exceptions to this rule based on the diagnosis date.
However, to better understand these exceptions and whether they apply to your case, consider speaking with an experienced Virginia medical malpractice attorney. These legal professionals can determine how much time you have to file your case and make sure all the necessary paperwork is submitted before the deadline.
The Statute of Repose
There is also a statute of repose for medical malpractice legal claims in Virginia. This law sets a deadline for filing a claim, regardless of any exceptions or the discovery rule. For all medical malpractice claims in the state, the statute of repose is ten years from the medical injury or mistake. If an individual does not file their claim within ten years, the courts will likely dismiss their case. The only exceptions to this rule are if the victim was under the age of 18 when the malpractice occurred or if the victim had a disability that lasted beyond the ten-year timeframe.
Contact Hollingsworth Law Today To Learn More About Suing for Medical Malpractice
In most cases, individuals will have two years from the date they became aware of medical malpractice or discovered their injury to file a medical malpractice claim in Virginia. However, because there are exceptions that can apply to this rule that can change this deadline, it is important to speak with an experienced Virginia medical malpractice attorney as soon as possible if you suspect wrongdoing.
At Hollingsworth Law, we are committed to offering legal guidance in various areas of law, including medical malpractice. This intricate area necessitates a thorough comprehension of medical and legal principles, and the attorneys at Hollingsworth Law are well-prepared to handle these complexities.
If you need more information about filing a medical malpractice claim in Virginia or the time limitations involved, contact Hollingsworth Law today to get the answers you need.