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 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.
If you think that you may have a potential medical malpractice claim, contact our office to speak with a medical malpractice attorney about your options. We provide free, no obligation consultations.
E-mail Us or call toll free 877-544-5323.