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What is the Statute of Limitations for Medical Malpractice Lawsuits in Virginia?

The current statute of limitations for most medical malpractice lawsuits in Virginia is two years. This means that from the time of the medical mistake, you have two years to file for compensation related to injuries, losses, and illnesses caused by medical error.

There are exceptions to this rule. For example:

  • In the case of objects being left in the body after surgery, claims must be filed within one year from the date the object was or should have been discovered with a maximum filing time of ten years after the object was left behind.
  • When children under the age of eight are the victim of medical malpractice, a lawsuit must be filed before the child turns 10.

Why Two Years is Shorter Than it Seems

Sometimes, a medical mistake is immediately apparent. Our Virginia Beach medical malpractice attorneys have seen many patients who suffer the instant the medical mistake occurs. Examples of this include:

  • Operating on the wrong limb
  • Anesthesia errors
  • Medication dosing errors
  • Wrong medication given
  • Preventable complications during surgery

However, there are other times when the patient might not know they have been affected by a medical error for quite some time. For example, if a doctor fails to diagnose a serious condition, the patient might not get sick for quite some time after the initial misdiagnosis. Other times, the extent of the injuries or illness are not obvious right away; the symptoms getting worse as time goes by.

Time is of the Essence

Nobody should make rash decisions when it comes to filing a medical malpractice lawsuit in Virginia. However, if you don't at least contact an attorney at the first sign of damage caused by a medical mistake, it may be too late to get the compensation you need. Victims of medical mistakes often require ongoing medical care. If a successful lawsuit is not filed, the victim is often left holding the bill.

Do not let the doctor or hospital get away with their medical mistake. Contact an aggressive, compassionate Virginia Beach medical mistake lawyer at 757.625.1214 today. One free consultation may be all it takes to get you on the right path and to help you get the compensation you deserve.


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Tavss Fletcher
RBC Centura
555 East Main Street
14th Floor
Norfolk, VA 23510
Phone: 757.625.1214
Fax: 757.622.7295
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