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Virginia Medical Malpractice Statute of Limitations
Medical malpractice occurs when a doctor fails to diagnose an illness or injury, does not provide the medically acceptable treatment, or delays care to the point that additional injury or death occurs. Every state has its own laws regarding claims made by former patients. In the state of Virginia, malpractice claims can be reviewed by a panel. Their recommendations are admissible in court. However, the results are not definitive.
Time Limits for Filing a Claim in Virginia
Like every other state, Virginia has a statute of limitations on when an individual can file a malpractice claim. An individual cannot wait for a dozen years and then decide their current condition is the fault of a doctor more than a decade ago. In Virginia, the average complaint must be presented to the court within two years. If it involves the discovery of a foreign object in the body, suit must be file within a year of learning about the problem. However, it cannot be 10 years from the action. If the plaintiff is under the age of eight, he/she has until the tenth birthday to file a claim.
Negligence Laws
Negligence laws differ in many states. However, Virginia still has the standard joint and several liability laws. If more than one defendant is found to be responsible for a person’s injury or death, all are equally responsible for the award given to the plaintiff. If one of the defendants is unable to pay, the other person(s) is responsible for the total amount. For specific information regarding negligence in the state of Virginia, please see the following chart:
|
Code Section |
8.01-58 (Contributory negligence is no bar to recovery in certain employee-railroad disputes.) |
|
Comparative Negligence |
In an action against a common carrier, comparative negligence will not bar recovery and if carrier violated a safety code, the injured party won't be found comparatively negligent (8.01-58) |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
None |
|
Contribution Among Tortfeasors |
8.01-34; Contributory negligence may be applied when the wrong results from negligence and involves no moral turpitude |
|
Uniform Act |
No |
Award Limits in Virginia
Virginia has very specific award limitations. Although the state capped damages in medical malpractice cases to $1.5 million, they have allowed for an increase by $50,000.00 per year from 2001 to 2006, and by $75,000.00 per year for the following two years.
Legal Help
Medical malpractices claims are fraught with emotion and stress. The legalities can be so confusing, the plaintiff may end up settling for a figure far less than needed for extended medical care, or the loss of a lifetime of potential earnings. Therefore, it is important to seek professional legal counsel. A lawyer can make sure a fair award is determined.