What Is the Continuous Treatment Rule in Virginia Medical Malpractice Lawsuits?

Shapiro Washburn & Sharp has decades of experience of successfully representing clients injured because of medical negligence. If you believe you’ve been a victim of medical malpractice, 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.

How Does the Continuous Treatment Rule Work?

In Virginia, the statute of limitations in medical malpractice cases may be extended under the doctrine of “continuous treatment.” This legal principle applies in cases where a doctor continues to provide treatment to a patient for the same condition or related medical issues after the alleged malpractice has taken place. The continuous treatment doctrine essentially tolls (pauses) the statute of limitations until the doctor-patient relationship has been severed or the treatment for the relevant condition has concluded.

The rationale behind this doctrine is that a patient who is continuing to receive treatment from the same doctor may not realize that malpractice has occurred or may not have had a reasonable opportunity to discover the malpractice. In such cases, the statute of limitations is not expected to begin running until the patient has finished receiving care or the doctor-patient relationship has been terminated.

For example, if a patient undergoes surgery, and the surgeon makes a mistake during the procedure that results in an injury, the patient may not realize the mistake immediately. If the patient continues to see the surgeon for follow-up visits or additional treatments related to the surgery, the continuous treatment doctrine may apply, and the statute of limitations would not begin until the patient is no longer receiving treatment for the injury.

How Is the Continuous Treatment Doctrine Applied?

Virginia law recognizes that a doctor’s continued treatment of a patient may prevent the patient from being aware of the malpractice or may make it more difficult for the patient to act on their knowledge of the injury. However, this extension of time is only applicable under certain circumstances. The key requirements for the continuous treatment doctrine to apply in Virginia are as follows:

The Treatment is for the Same Condition

The patient must be receiving ongoing care for the same condition or medical issue that led to the alleged malpractice. If the treatment is unrelated to the original issue or the alleged error, the continuous treatment doctrine does not apply.

The Relationship Continues

The doctor must continue to treat the patient, and the patient must maintain a doctor-patient relationship. If the doctor ceases to treat the patient or the patient decides to seek care from another doctor, the continuous treatment doctrine no longer applies.

The Treatment is Not for a Different Medical Issue

If the doctor is treating a different condition entirely that was unrelated to the original malpractice claim, the statute of limitations for the original malpractice claim is not tolled.

The Injured Party is Not Aware of the Malpractice

The patient may not be aware of the alleged malpractice until the doctor-patient relationship ends or the treatment for the condition is finished. If the patient knows or reasonably should know that malpractice has occurred, the statute of limitations starts to run, regardless of whether treatment continues.

Are There Limitations of the Continuous Treatment Doctrine?

While the continuous treatment doctrine can extend the statute of limitations in some circumstances, it does not provide an indefinite extension. Virginia law limits how long the statute of limitations can be tolled due to continuous treatment.

Specifically, Virginia Code § 8.01-243(A) establishes a maximum of five years from the date of the alleged malpractice for a medical malpractice claim to be brought, regardless of the continuous treatment. This is important because even if treatment continues for several years, the patient must file a lawsuit within five years of the alleged malpractice unless the discovery rule applies (i.e., the time begins when the patient discovers the injury or when they reasonably should have discovered it).

In cases involving continuous treatment, the statute of limitations will run for no more than five years from the date of the alleged malpractice, even if the patient did not realize the injury occurred until much later.

What Is the Discovery Rule?

The discovery rule, as mentioned above, also plays a critical role in Virginia medical malpractice claims. In some cases, a patient may not be immediately aware of the injury caused by the alleged malpractice, and under the discovery rule, the statute of limitations may not begin until the patient discovers or should have discovered the injury.

For example, if a surgeon performs a procedure and negligently leaves a surgical instrument inside the patient’s body, the patient may not experience symptoms immediately. The patient may not become aware of the injury until much later, possibly during a follow-up visit or another medical evaluation. In such cases, the statute of limitations may begin to run when the injury is discovered, rather than when the malpractice initially occurred.

The discovery rule works in tandem with the continuous treatment doctrine in some cases. If the patient is still receiving treatment for the condition, the statute of limitations will be tolled until treatment ends or the relationship is severed. If the patient is unaware of the malpractice until a later time, the statute of limitations may begin when they discover the injury, even if that happens after the doctor-patient relationship has ended.

Why Is Legal Representation Critical in a Virginia Malpractice Lawsuit?

Virginia’s malpractice laws are highly specific and require careful navigation of procedural rules and evidence requirements. A skilled attorney understands the complexities of the certification process, the standard of care, and the burden of proof needed to win your case.

Your attorney will guide you through every step, from finding a qualified medical expert to negotiating with insurance companies or presenting your case in court. With their expertise, you can focus on your recovery while they work to secure the compensation you deserve.

Contact Shapiro, Washburn & Sharp 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.