If you believe that you or your loved one has suffered an injury due to the negligence of a healthcare provider in the state of Virginia, you may be entitled to compensation for your losses. However, there are specific time limits within which you must file a medical malpractice lawsuit, known as the statute of limitations. This article will discuss the statute of limitations for medical malpractice claims in Virginia, including what it is, when it starts, and how it can affect your case.
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Understanding the Statute of Limitations in Virginia
A statute of limitations is a law that sets a deadline for when a lawsuit must be filed. In Virginia, the statute of limitations for a medical malpractice claim is two years from the date of the injury or from the time the injury was discovered, or could have reasonably been discovered, whichever comes first. In cases involving minors under the age of eight, the statute of limitations is extended until the minor’s tenth birthday.
When Does the Statute of Limitations Begin?
In most cases, the statute of limitations for medical malpractice claims in Virginia begins on the date of the injury or when the injury was discovered. For example, if you had surgery on January 1, 2021, and you were later diagnosed with an infection that resulted from the surgery, the two-year statute of limitations would begin on the date of the diagnosis, not the date of the surgery.
However, there are some exceptions to this rule. For example, if an injury is not immediately apparent or was caused by a medical error that was not discovered until later, the clock may not start ticking until the date the injury was discovered or should have been discovered.
The Importance of Acting Quickly
It is essential to take action as soon as possible if you believe that you or your loved one has been a victim of medical malpractice in Virginia. The longer you wait, the more difficult it may be to gather evidence and build a strong case. Additionally, if you do not file your lawsuit within the statute of limitations period, you will likely be barred from pursuing your claim altogether.
Exceptions to the Statute of Limitations
There are some limited exceptions to the statute of limitations for medical malpractice claims in Virginia. For example, if a healthcare provider fraudulently conceals or misrepresents the cause of the injury, the clock may not begin until the fraud is discovered. Additionally, if the injured person is mentally incapacitated or under the age of 18, the statute of limitations may be tolled, or suspended, until the incapacity or age limitation is lifted.
Conclusion
If you believe that you or your loved one has been injured due to the negligence of a healthcare provider in Virginia, it is crucial to act quickly and consult with an experienced medical malpractice attorney. Virginia’s statute of limitations for medical malpractice claims is two years from the date of the injury or discovery of the injury, so it is important to file your claim within this time frame. However, there may be exceptions to the statute of limitations, so it is important to speak with an attorney to understand your legal options.