Statute of Limitations in a Virginia Medical Malpractice Case
The statute of limitations in a medical malpractice case act like the statute of limitations in other civil matters, meaning it is a limit on when these cases can be brought. For the vast majority of medical malpractice actions, with some exceptions, there is a three-year statute of limitations.
The case must be taken or brought within two years of the date of injury and they begin from the date of injury. Generally, the statute of limitations is calculated from the date of injury. It is important, if you were a victim of medical malpractice, to consult with an experienced medical malpractice lawyer as soon as possible.
Variety of Malpractice Cases
Generally, the statute of limitations is two years, but this may vary for different types of medical malpractice actions, specifically those involving minors, fraud or deceit, and those in which the medical malpractice alleged was unable to be discovered for a certain period. There are a variety of different things that may stall or extend the statute of limitations. To determine whether any of this applies to a person’s case, they should talk to an experienced litigation attorney right away.
Typically, the statute of limitations in a Virginia medical malpractice case is stalled or extended for any period of time if someone is under a statutorily defined disability or if they are a minor. There are special rules for the statute of limitations as it applies to minors and individuals with disabilities.
Exceptions
There are some other exceptions seen in medical malpractice actions, including a limited discovery rule. This means that if the party is liable for discovery in medical malpractice through no fault of their own, the statute of limitations may be tolled to determine whether or not the discovery rule or other things that may limit stance in the statute of limitations applies to the case. It is important to talk to an experienced Virginia medical malpractice litigation attorney right away.
Trial Going Beyond the Statute of Limitations
It is not uncommon for the trial to go beyond the statute of limitations in Virginia medical malpractice cases. The statute of limitations does not apply to the date by which the case must be tried; the statute of limitations applies from the date in which the parties must file a cause to file the claims to preserve the statute of limitations by statute. To preserve the statute of limitations by statute means filing a claim or settling the case outside of court, so the act of filing the claim by those that hold the statute of limitations. It is not uncommon for the statute of limitations to be up a day or two before the case is filed.
Impact of the Damages
The extension of the statute of limitations beyond the initial date can only be positive for the injured party. The extension of the statute of limitations allows a person to continue to receive medical treatment and to be in a position where the damages are fully able to be flushed out. All of these things can be helpful for the injured party.
Benefits of an Attorney
Typically, the statute of limitations in Virginia is a complex issue, especially as it applies to medical malpractice actions compared to other cases. It is important for someone who feels they might have a medical malpractice issue case to contact an experienced an attorney who understands what exactly they are up against, how to properly develop the case, and what must be applied to avoid a statute of limitations offense.