What Is the Statute of Limitations for Medical Malpractice in Virginia?
In Virginia, the statute of limitations for medical malpractice is generally 2 years under Va. Code § 8.01-243(A).
Medical malpractice Deadlines in Virginia
How long do you have to file a medical malpractice claim in Virginia?
In Virginia, the statute of limitations for medical malpractice is generally 2 years under Va. Code § 8.01-243(A).
When does the clock start for medical malpractice in Virginia?
Two years from accrual, with extensions available in defined circumstances under subsection C.
Can the Virginia deadline for medical malpractice be extended?
Subsection C allows extension where a foreign object was left in the body or where the provider fraudulently concealed the injury, but caps the period at ten years from accrual. A notice of claim and medical review panel procedure may apply.
Is the deadline different if the claim is against the government in Virginia?
Often, yes. Written notice within 1 year (6 months for localities) under Va. Code §§ 8.01-195.6, 15.2-209. Under the Virginia Tort Claims Act, written notice of a claim against the Commonwealth must be filed within one year of accrual (§ 8.01-195.6). Claims against a city, town, or county require notice within six months under § 15.2-209. The two regimes are separa…
How does Virginia compare to other states for medical malpractice?
Virginia's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Virginia:
