Medical Malpractice Lawyer Virginia Beach
Your child went through what was supposed to be a routine medical procedure. You trusted the medical professionals and carefully followed all their instructions for home care.
A few weeks after the procedure, you noticed that your child wasn’t recovering the way you expected. They were still suffering from pain and other symptoms and didn’t seem to be healing well. You started asking questions, eventually seeking a second opinion, and that’s when you realized that a medical mistake may have occurred.
When you’re a parent in this situation, you’re likely to feel not only overwhelmed and deeply concerned for your child, but also betrayed and angry. How could this have happened? You want to do what’s right, but you’re unsure how to proceed—or even whether it may be too late to seek justice.
At Shapiro, Washburn, & Sharp, we’ve guided many families through the complexities of medical malpractice claims, including those involving children. With decades of experience handling sensitive and high-stakes cases, we understand the emotional toll these situations can take.
If you believe your child may have been harmed by a medical error, call our Virginia Beach medical malpractice lawyers at 833-997-1774 for a free consultation. Below, find more about Virginia’s statute of limitations for minors in medical malpractice cases.
What Is a Medical Malpractice Claim?
A medical malpractice claim is a legal claim brought against a healthcare provider—such as a doctor, nurse, or hospital—for negligence that results in patient injury.
For this type of claim to be successful, you have to prove:
- The provider owed a duty of care to the patient.
- The provider breached that duty through an act or omission.
- The breach directly caused an injury.
- The injury led to damages, such as pain, lost wages, or medical expenses.
In Virginia, adult victims of medical malpractice generally have two years from the date the injury occurred to file an injury claim. This is known as the statute of limitations, which is the amount of time state or federal law allows to take legal action after an injury. Once that time runs out, you usually lose the right to file a claim.
This is why it’s important to talk to a medical malpractice attorney as soon as you discover the injury so that you are certain you can file all the appropriate paperwork on time. Early action also helps preserve critical evidence and increases your chances of building a strong argument in your favor.
However, if the injured person is a child, the statute of limitations is slightly different.
How is a Medical Malpractice Claim Different for Children?
Medical malpractice claims involving children are treated differently under Virginia law. If the child is eight years of age or younger, Virginia provides a special extension—parents have until the child’s 10th birthday to file a claim on their behalf.
The state offers this extension because lawmakers recognize that injuries in young children aren’t always immediately apparent. Some symptoms may take months or even years to surface. It can require ongoing observation and consultations with medical experts to connect a child’s symptoms to a past medical procedure.
This rule gives families the opportunity to:
- Recognize that an injury has occurred
- Consult with specialists
- Gather medical records and expert testimony
- Weigh the impact of the injury on the child’s future
Families can take the time they need to fully understand the situation and consult with an attorney before initiating legal action.
The “Medical Malpractice Trap” for Children Ages 10 to 18
What if the child is over the age of 10?
Parents often assume that all minors have until they turn 18—plus two years—to file a legal claim. In most personal injury cases, that is correct. Virginia law typically allows minors to file a personal injury lawsuit up to two years after their 18th birthday, giving them until age 20 to take legal action.
But this extended timeframe does not apply to medical malpractice! This is where a medical malpractice attorney can help.
If the malpractice occurred when the child was over the age of 10 but under 18, Virginia gives families only two years from the date of the injury to file a claim. This is sometimes called the “medical malpractice trap,” because it can catch families off guard. If you think your child has until they turn 18, you could miss the deadline and lose your chance to seek compensation for your damages.
Why this exception? The thinking is that once a child is old enough to recognize their own symptoms and ask for help—typically by age 10—they don’t need as much time to uncover or understand what happened. Unfortunately, this doesn’t account for specific complex injuries, particularly those with delayed symptoms or diagnoses.
Other Important Exceptions to the Statute of Limitations
There are a few more exceptions parents should be aware of.
Fraud, Concealment, or Misrepresentation
If a healthcare provider intentionally hides the mistake or misleads the family, the statute of limitations may not begin until the malpractice is discovered or reasonably should have been discovered. This protects families from being penalized when they are deliberately kept in the dark.
Foreign Objects Left in the Body
If a surgical object, like a sponge or instrument, is left inside a patient and not discovered until later, the two-year period starts from the date of discovery.
These exceptions are rare, but they can occur. Talk to your medical malpractice attorney if you feel either of these situations apply to your case.
How Can Families Protect Their Rights?
If you think your child was harmed by medical negligence, don’t hesitate to act right away.
- Gather medical records and documentation related to the treatment.
- Keep a journal detailing your child’s symptoms, appointments, and conversations with medical professionals.
- Get a second opinion if necessary.
- Contact a medical malpractice attorney to evaluate your situation.
Even if you’re not ready to file a legal claim, getting an attorney’s opinion can help you make more informed decisions about what’s best for your child and your family.
How Can a Personal Injury Attorney Help?
Medical malpractice cases—particularly those involving children—can be complex and difficult to manage. They require expert testimony, detailed medical records, and a deep understanding of legal and healthcare systems.
Contact us at Shapiro, Washburn, & Sharp. We’ve built a reputation for standing up for families across Virginia. Our attorneys have decades of experience in medical malpractice litigation and have successfully handled claims involving birth injuries, surgical errors, and more.
We’re here to help protect your rights and pursue the justice your child deserves, as we did for the family of a baby who suffered from Erb’s palsy because of medical negligence. We helped negotiate a $1 million settlement for the child and their family.
To better serve our clients, our offices are located in Virginia Beach, Hampton, Norfolk, Portsmouth, and Chesapeake.