How Long Do You Have to File Medical Malpractice Lawsuits in Virginia?
Medical malpractice in Virginia happens more often than most of us would like to imagine. In the event of medical malpractice, patients can suffer severe and life-threatening harm. If you or a loved one discovered an injury linked to a medical procedure, you must quickly file a lawsuit. To avoid further stress, it’s critical to file a lawsuit for medical malpractice in Virginia as soon as possible.
This month we will explain what you should know about lawsuits for medical malpractice in Virginia. We will tell you the elements of medical malpractice in Virginia. Then, we will explain how long you have to file a lawsuit for medical malpractice. We will also present some exceptions to the statute of limitations and unique aspects of a malpractice claim. Turk & Turk, P.C. is proud to educate our clients on medical malpractice in Virginia.
Elements of Medical Malpractice in Virginia
Medical malpractice is a particular area of law. Cases of medical malpractice deal when a doctor performing a medical procedure causes harm to the patient. In Virginia, a medical malpractice lawsuit contains negligence to the specific medical field. Here are the elements of medical malpractice in the Commonwealth of Virginia:
- Liability
- Causation
- Damage
Liability consists of two parts: duty and breach of duty. Duty is providing care within the standard of care. Breach of duty is the failure to provide care in compliance with the care standard. Damages are the injuries that the person suffered as a result of the doctor’s negligence. Causation bridges the gap between the breach of duty and the victim’s injuries.
What is the Statute of Limitations for Medical Malpractice Lawsuits?
The statute of limitations is the time period in which a person is eligible to file a lawsuit. In Virginia, the statute of limitations for medical malpractice lawsuits is two years under VA. Code § 8.01-243.1. The clock starts ticking on the date of the omission giving rise to the cause of action. Failure to file a lawsuit within the statute of limitations, the courts will render the case “time barred.” In other words, the court will dismiss the case.
“Are There Exceptions to The Statute of Limitations?”
There are some limited exceptions to the statute of limitations in the Commonwealth of Virginia. One of which is the continuing treatment rule. If a patient receives medical care from the provider, this may slow down the statute of limitations. In addition, there are also more applicable exceptions that go beyond medical malpractice. There is a particular Virginia code section that slows the statute of limitations for minors. Those who lack legal capacity can also toll the process. Minors have a different statute of limitations within the realm of medical malpractice.
Here Are Some Unique Aspects of Medical Malpractice in Virginia
Medical malpractice attorneys that defend doctors, hospitals, and other healthcare providers typically handle these cases. They are very knowledgeable about medicine and the evidence needed. Doctors must provide testimony to show how they breached the standard of care. Very few medical malpractice lawsuits get submitted to a jury without expert testimony. Some of them are often so clear to the average layman that they don’t need a doctor to testify. However, there is almost always required testimony by an expert. This testimony explains why the doctors’ actions were a breach of the standard of care.
Call Turk & Turk, P.C. for Superior Medical Malpractice Attorneys
The process of filing a lawsuit for medical malpractice in Virginia can be confusing and intimidating. The attorneys at Turk & Turk, P.C. have helped residents in and around Radford, VA, recover compensation for their injuries. We have over 70 years of legal experience and believe that every case is important and unique. Turk & Turk, P.C. prides itself on offering honest advice and high-quality representation. We use our expertise to fight for your rights and get you the compensation you deserve.
Turk & Turk, P.C. has developed an outstanding reputation throughout Southwest Virginia for providing personal injury and other legal services. Our law office has served the New River Valley for over seven decades. To learn more about our personal injury services, please feel free to contact us. We take great pride in serving Radford, VA, and surrounding areas with quality service about medical malpractice lawsuits.
For more information on medical malpractice in Virginia, give Turk & Turk, P.C. a call at (540) 639-9056. We bring over 70 years of legal experience to the office every day while proudly serving the New River Valley. We pride ourselves on educating our clients about medical malpractice in Virginia.
