Understanding litigation time limits is not as simple as it may sound. If you have a potential Virginia medical malpractice claim, one essential aspect of the law of which you need to be aware is the state’s statute of limitations which acts like an expiration date by governing the amount of time you have to bring a lawsuit.
Since the law imposes time constraints on personal injury claims, one of the first factors that must be established is the timeliness of a malpractice claim. This involves examining the date on which the claim accrued as well as the applicable statute of limitations. There are many cases, often involving matters of independent vs derivative wrongful death actions, where a state’s substantive law must be taken into account to figure out the deadline by which a lawsuit needs to be filed
In Virginia, these deadlines vary depending on the circumstances of each individual case, meaning an analysis of the jurisdiction’s law and the facts at issue must be analyzed.
At Shapiro, Washburn & Sharp, our skilled Virginia Beach medical malpractice lawyers can answer any questions you may have about the intricate process of filing a medical malpractice lawsuit including how the statute of limitations works and whether the continuing treatment rule applies to your case. Call us today to schedule a free consultation.
What Are the Time Limits on Medical Malpractice?
In most Virginia cases, the medical malpractice statute of limitations for personal injury is two years from the day the cause of action accrues (the day that malpractice occurred), meaning lawsuits typically must be filed two years from the date of the incident. If this deadline expires before you have filed your case, you will be barred from seeking compensation.
Can the Continuing Treatment Rule Extend the Virginia Malpractice Statute of Limitations?
Virginia has a doctrine known as the continuing treatment rule which can lengthen the statute of limitations. Under this doctrine, when a patient receives continuing and unbroken medical care from the same provider, the filing deadline extends to two years from the day of final treatment for the same condition which is alleged to constitute malpractice.
The two-year statute of limitations can be extended by other exceptions such as:
- Special events and conditions, such as incarceration, death, incapacity, ongoing criminal proceedings, and bankruptcy stemming from the same malpractice claim.
- For cases involving the negligent failure to diagnose cancer or a malignant tumor, victims have one year from the day they were informed of their proper diagnosis by a healthcare provider.
- In cases involving a retained object, such as a surgical instrument or sponge having no diagnostic or therapeutic effect, victims will have one year from the day the retained object was discovered or reasonably should have been discovered.
- Concealment or fraud intended to prevent discovery of the injury can extend the two-year limitation period as well.
If the malpractice results in death, the wrongful death statute of limitations becomes applicable, meaning any actions will have to be filed no more than two years from the day of the victim’s passing.
Calculating the deadline for bringing a medical malpractice lawsuit demands a thorough examination of the circumstances and painstaking legal research. With this strict time limit in mind, it is important to reach out to a qualified Virginia medical malpractice lawyer as soon as possible if you feel you could have a valid claim.
Are There Caps on Virginia Medical Malpractice Compensation?
Virginia law caps the damages a plaintiff can receive in a medical malpractice lawsuit. On July 1, 2024, the maximum recovery possible in a jury trial was set at $2.65 million. This limit will increase by $50,000 every year until it hits $3 million on July 1, 2031.
It is worth mentioning that the limit that applies to a case is based on the date the injury took place, not when the verdict is rendered. For example, if an injury happened in June 2024, the cap would be limited to $2.60 million, even if the case was not decided until after the next planned increase.
How Can I Maximize My Medical Malpractice Damages?
With the assistance of an experienced Virginia Beach medical malpractice lawyer from Shapiro, Washburn & Sharp, there are steps you can take to maximize your medical malpractice damages.
To begin with, make sure that you document your physical injuries by taking pictures and keeping a journal that meticulously records your pain levels and how your injuries have impacted your daily life. It is equally important to maintain all documents associated with your surgeries, prescription medications, and any medical treatments you need for your malpractice-related injury. This documentation includes copies of bills, your medical records, and any paperwork concerning future treatments, physical therapy, and care needs.
Another vital step in maximizing your total compensation is to ensure that you file your claim before the two-year deadline lapses. Failure to do so will most likely result in your case being thrown out, leaving you without the financial compensation you need and deserve. Although the continuing treatment doctrine can give you an extended amount of time to file, it is never a good idea to put off speaking to an attorney to determine precisely when that deadline is and whether it may apply to the facts of your case.
Lastly, the healthcare provider’s insurer will have attorneys on their side, fighting for them. This means you will need strong legal representation at trial or during settlement negotiations. Our skilled lawyers will know the most effective methods of fighting for the compensation to which you are entitled.
How Can Our Law Firm Help?
One of the most important steps in pursuing a claim of medical malpractice is working with a skilled Virginia Beach medical malpractice lawyer from the personal injury firm of Shapiro, Washburn & Sharp. With more than 100 combined years of experience, we can help you collect strong evidence that supports your claim, negotiate for a fair settlement that reflects the true value of your damages, and ensure your rights are protected.
Taking into account the complexity and high stakes of medical malpractice cases, working with a knowledgeable attorney is critical. For example, in one recent case, a woman developed incontinence after she underwent an unnecessary hysterectomy. An obstetrician had been providing care to our client since 2005, with treatment continuing until May 2019. We asserted that in February 2018, the doctor performed a hysterectomy that was either carried out negligently or completely unnecessary. Our legal argument centered on the claim that the two-year statute of limitations should not begin until the conclusion of all treatment in May 2019, and we were able to secure a $675,000 settlement.
If you believe you have been a victim of medical malpractice, call (833) 997-1774 or fill out the short contact form on our website to schedule your free consultation. One of our lawyers will answer your questions, explain your legal options, and evaluate your claim. Our offices serve clients in Virginia Beach, Portsmouth, Norfolk, and Hampton.