What are the time limitations for Virginia medical malpractice?

gavel and stethoscopeMedical malpractice refers to a legal term that encompasses the negligent or wrongful actions of healthcare professionals, such as doctors, nurses, or hospitals, that result in harm or injury to a patient. This harm can be due to errors in diagnosis, treatment, surgery, medication administration, or a failure to provide the appropriate standard of care. Medical malpractice cases typically involve a breach of the duty of care that a healthcare provider owes to their patients. To establish a medical malpractice claim, one must demonstrate that the healthcare professional’s actions deviated from the accepted medical standards and that this deviation directly led to the patient’s injury or suffering. Medical malpractice cases can be complex, often requiring expert testimony and extensive legal proceedings to determine liability and seek compensation for the injured party.

A: The time limit allowed in Virginia for filing a medical malpractice claim, or statute of limitations, is generally 2 years from the date the injury occurred. So for example:

  • 2 years from a (negligent) misdiagnosis which resulted in an incorrect treatment or even lack of treatment leading to further injury
  • 2 years from a prescription error which caused you harm
  • 2 years from a surgical error

Depending on the type of case, there may be a few exceptions. For example, in the case that a foreign object is left in the body during a surgery, you only have 1 year from the date the object was discovered to file a lawsuit.

In Virginia it is required that an expert, a certified physician or medical professional, support your claim of negligence before you can file a lawsuit. This can sometimes be a lengthy process and must be done before the statute of limitations or you will not be able to file a lawsuit.

Virginia Medical Malpractice Lawyers

The Virginia personal injury lawyers at the Law Offices of Richard J. Serpe, PC have helped victims and their families for over 33 years. If you or your loved one has been injured due to medical negligence, contact us to discuss your situation. The consultation is free, and our no fee promise means you don’t pay any legal fees unless we settle or win your case.

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