What is the statute of limitations for a medical malpractice claim?
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What is the statute of limitations for a medical malpractice claim?
Asked on August 5, 2015 under Malpractice Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You didn't specify the details of the case but the following information will be of help:
All medical malpractice actions for injury (as opposed to death) must be brought within 2 years from the date the cause of action ocurred. However, continuing treatment for the same conditions tolls the statute (stops the time period from running) until treatment ends.
In foreign object cases and cases of fraud/concealment, the statute is extended to 1 year from the date the object or injury is discovered or reasonably should have been discovered; how ever this extension is subject to a 10-year limit from the time the cause of action ocurred.
Wrongful death actions must be brought within 2 years of death.
A parent’s action for medical expenses caused by injury to a minor child must be brought within 5 years.
A minor’s medical malpractice action for death/injury must be commenced within 2 years from the date of the last act of negligence, unless the child is less than 8 year old, in that event the action must be brought by the child’s 10th birthday. Incapacity tolls the running of the statute of limitations.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You didn't specify the details of the case but the following information will be of help:
All medical malpractice actions for injury (as opposed to death) must be brought within 2 years from the date the cause of action ocurred. However, continuing treatment for the same conditions tolls the statute (stops the time period from running) until treatment ends.
In foreign object cases and cases of fraud/concealment, the statute is extended to 1 year from the date the object or injury is discovered or reasonably should have been discovered; how ever this extension is subject to a 10-year limit from the time the cause of action ocurred.
Wrongful death actions must be brought within 2 years of death.
A parent’s action for medical expenses caused by injury to a minor child must be brought within 5 years.
A minor’s medical malpractice action for death/injury must be commenced within 2 years from the date of the last act of negligence, unless the child is less than 8 year old, in that event the action must be brought by the child’s 10th birthday. Incapacity tolls the running of the statute of limitations.
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