Are there time limitations for filing a medical malpractice claim?
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.
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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.