When a patient suspects their doctor has committed a medical error, it can be confusing and overwhelming. In some cases, the doctor who made the mistake may still be providing ongoing treatment, making it difficult to know how to move forward.
At Shapiro, Washburn & Sharp, our experienced medical malpractice attorneys are here to help guide you through this complex process. One of the most important things to understand in these situations is how the statute of limitations works in medical malpractice cases, particularly when the continuing treatment rule may apply.
If you believe you’ve been a victim of medical malpractice but are still being treated by the doctor in question, this article will explain how Virginia law handles these unique cases and why it’s critical to consult a malpractice lawyer as soon as possible. We also encourage you to call our office at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.
What Is the Statute of Limitations for Medical Malpractice in Virginia?
In Virginia, the standard statute of limitations for medical malpractice cases is two years from the date of injury. This means that if you’ve been harmed due to a doctor’s negligence, you generally have two years from the date of the injury to file a lawsuit. However, this time frame can become complicated if you continue receiving treatment from the same doctor who may have made the initial medical mistake.
In some instances, Virginia law provides an exception known as the “continuing treatment rule.” This rule can extend the statute of limitations in specific circumstances, allowing patients more time to file a claim, but it comes with important limitations.
What Is the Continuing Treatment Rule in Medical Malpractice Cases?
The continuing treatment rule is an exception to Virginia’s two-year statute of limitations and applies specifically to medical malpractice cases. If a doctor makes a mistake but continues to treat the patient for the same condition or complication, the two-year clock for filing a claim does not start until the last date of treatment.
Here’s how it works:
- Medical Error Occurs. Suppose you undergo surgery or medical treatment, and you suspect the doctor made an error. Despite this, you continue receiving care from the same physician as they attempt to address the complication or manage your ongoing condition.
- Treatment Continues. If the doctor is continuing to treat your condition, the statute of limitations may be paused until your treatment ends. The Virginia Supreme Court has ruled that in these cases, the statute of limitations does not begin until your last day of treatment with that physician.
- Last Day of Treatment. The continuing treatment rule means that the two-year limit for filing a medical malpractice claim does not begin until the final date of your treatment with the doctor who made the mistake, even if the medical error occurred long before that.
It is essential to remember that while this rule may provide additional time to file a claim, it does not apply to every case. Consulting an experienced medical malpractice lawyer is critical to determining whether this exception applies to your situation.
Why You Shouldn’t Wait to Contact a Medical Malpractice Attorney
While the continuing treatment rule may extend the statute of limitations in some cases, it’s never advisable to wait until two years have passed from the date of the injury. Delays can result in lost evidence, difficulty in obtaining medical records, and other issues that could weaken your case. By contacting a medical malpractice law firm early, you can ensure that your claim is filed in a timely manner and that your legal rights are protected.
At Shapiro, Washburn & Sharp, our medical malpractice lawyers have decades of experience representing clients who have been harmed by medical mistakes. Whether you suspect malpractice during surgery, a missed diagnosis, or another medical error, we are here to evaluate your case and guide you through the legal process.
Types of Medical Malpractice Claims We Handle
Medical malpractice can take many forms, and at Shapiro, Washburn & Sharp, we handle a wide range of claims, including:
- Surgical errors, such as operating on the wrong body part or leaving instruments inside the patient
- Misdiagnosis or delayed diagnosis, leading to improper or delayed treatment
- Medication errors, including prescribing the wrong medication or incorrect dosages
- Anesthesia errors, such as failing to monitor the patient properly during surgery
- Birth injuries, including those caused by improper prenatal care or delivery errors
- Failure to obtain informed consent before performing a procedure
- Negligence in nursing care, leading to complications like infections or bedsores
- Hospital negligence, such as unsanitary conditions or inadequate staffing
If you or a loved one has suffered from any of these forms of medical negligence, it’s crucial to seek help from a malpractice attorney who can advocate for your rights and pursue the compensation you deserve.
How Our Medical Malpractice Attorneys Can Help You
Medical malpractice cases are complex, often involving intricate medical records and testimony from expert witnesses. This is why it’s essential to have an experienced malpractice lawyer on your side. At Shapiro, Washburn & Sharp, our team of attorneys has decades of experience in handling these challenging cases and has successfully represented clients in a wide range of medical malpractice claims.
Here’s how we can help:
- Thorough Investigation: We’ll conduct a detailed investigation into your medical treatment to determine whether malpractice occurred. This includes reviewing medical records, consulting with medical experts, and assessing the doctor’s actions during your care.
- Expert Testimony: Medical malpractice cases often hinge on the testimony of expert witnesses, such as other doctors who can testify that the standard of care was not met. Our firm has access to a network of medical professionals who can provide the necessary expertise to support your claim.
- Negotiation and Litigation: Whether through negotiation or going to trial, we’ll fight for maximum compensation on your behalf. Our medical malpractice law firm is prepared to take your case to court if necessary to ensure that your rights are protected.
- Compassionate Representation: We understand that dealing with the aftermath of a medical mistake is emotionally and physically challenging. Our malpractice attorneys are here to provide compassionate and dedicated representation, guiding you through every step of the legal process.
Why Choose Shapiro, Washburn & Sharp?
At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases throughout Virginia. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.
If you believe that a doctor’s negligence has harmed you or a loved one, it’s crucial to act quickly. Medical malpractice claims have strict time limits, and waiting too long can prevent you from seeking the compensation you deserve. Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.