What is the time limitation for filing a Virginia medical malpractice claim?

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Medical Malpractice FAQs

Q: What is the time limitation for filing a Virginia medical malpractice claim?

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.

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.

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