Medical malpractice lawsuits allow individuals who have suffered harm due to medical negligence to seek compensation from responsible healthcare providers, hospitals, or medical facilities. However, it is crucial to note that there is a time limit for filing such claims, known as the statute of limitations. If you fail to initiate legal proceedings within the specified timeframe, you can lose your right to seek compensation for your injuries.
Statute of Limitations Laws in Virginia
In Virginia, the time frame for filing a “civil” lawsuit, such as a medical malpractice claim, is strictly limited by the state legislature’s laws. These laws are known as statutes of limitations and impose strict time limits on the duration you can initiate a lawsuit. However, when it comes to the statute of limitations, it is also important to note the following two rules:
- The time starts running on the date the claim accrues or the date of the injury
- After the statute of limitation has expired, an individual cannot legally pursue a claim any longer
How Much Time Do You Have To File a Claim After Medical Malpractice?
Individuals generally have two years from the date they recognized medical malpractice or discovered an injury to bring a medical malpractice claim in Virginia. However, various exceptions to this rule can extend this period. For instance:
- If a medical care worker leaves a foreign object in the patient’s body, the patient has one year from the date they discovered or reasonably should have discovered the object to file their case.
- If the patient did not discover the medical malpractice within two years because of concealment, intentional misrepresentation, or fraud, the patient will have one year from the date they discovered their injury to file their case.
- If the patient’s legal claim stemmed from a negligent failure to diagnose cancer or malignant tumor, the patient would have one year from the date of diagnosis to file their case. However, this rule has further exceptions based on the diagnosis date.
To better understand whether these exceptions apply to your legal claim, consider reviewing your case with an experienced Virginia medical malpractice attorney. These lawyers can review your questions in detail and help you understand your legal options.
When Does the Clock Start Running After a Medical Malpractice Incident?
Depending on the facts of the case, individuals may have several years to file a medical malpractice lawsuit in Virginia. However, determining when this period starts may be confusing. For this reason, if you suspect you have been the victim of medical malpractice, consider consulting with an experienced medical malpractice lawyer as soon as possible. The lawyers can evaluate your legal claim, determine how much time you have to file your case and tell you what steps you should take next to pursue your claim.
Contact Hollingsworth Law To Review Your Options
If you believe you have a medical malpractice legal claim and want to know more about your options, contact Hollingsworth Law today. Our legal team can determine if you have a viable claim, review what you need to know about the time limitations involved, and help you pursue the justice and compensation you deserve.