Under the Virginia medical malpractice law, is there an exception to the statute of limitations for minors? Yes, there are some significant exceptions that parents need to be aware of. If your child has been injured, it is critical to consult with a medical malpractice lawyer to ensure you do not lose your opportunity to hold liable parties accountable for your child’s harm.

If your child has suffered an injury due to medical negligence, call Shapiro, Washburn & Sharp today at 833-997-1774 for a free consultation to discuss your case and explore your legal options.

What Is the Standard Statute of Limitations for Medical Malpractice in Virginia?

Under Virginia law, the standard statute of limitations for medical malpractice claims is two years from the date the injury occurs. This means that victims of medical malpractice typically have a limited window of time to initiate a legal claim. The law applies to most cases of medical negligence, including errors in diagnosis, treatment, or procedures performed by healthcare professionals.

However, certain exceptions exist under specific circumstances, including those involving minors. The statute of limitations is an essential legal mechanism designed to ensure timely filing and the preservation of evidence, but these timelines can vary based on individual circumstances.

How Does the Statute of Limitations Differ for Minors in Virginia Medical Malpractice Cases?

Virginia law provides a notable exception to the standard statute of limitations for minors. If a child is injured due to medical malpractice, the two-year statute of limitations does not begin immediately. Instead, the law recognizes the unique vulnerabilities of minors and adjusts the filing deadline accordingly.

For children under eight at the time of the malpractice, the statute of limitations is extended to their 10th birthday. This extension allows families additional time to recognize the injury, seek expert opinions, and gather evidence before filing a claim. For minors over 8, the standard two-year timeline applies, starting from the date the injury occurred.

If the minor falls into the age range of 10 to 18 years old, this is what our lawyers refer to as a medical malpractice trap. In non-medical malpractice cases, minors get all the way to age 18 plus two years. They’re considered incapacitated while they’re minors, so they get the two-year statute at age 18. However, this does not apply in medical malpractice cases. If the medical malpractice occurs to a minor who’s over 10 but less than 18, they only get two years from when the medical malpractice is alleged to have occurred to bring that suit.

Are There Any Exceptions Beyond the Standard Rule for Minors in Virginia?

Yes, additional exceptions may apply to cases involving minors under Virginia medical malpractice law. One significant exception involves cases of fraud, concealment, or misrepresentation by a healthcare provider. If a provider actively conceals the malpractice or misleads the patient, the statute of limitations may be tolled (paused) until the malpractice is discovered or should have reasonably been discovered.

Injuries involving foreign objects left inside a patient’s body during surgery may also extend the timeframe for filing. In such cases, the statute of limitations begins when the object is discovered or should have been discovered rather than at the time of the surgery itself.

What Should Families of Minors Do to Protect Their Rights in Medical Malpractice Cases?

Families should act promptly when they suspect medical malpractice involving a minor. While the statute of limitations for minors may provide additional time, delays in seeking legal counsel can jeopardize the ability to build a strong case. Key steps to take include:

  • Documenting evidence: Retain all medical records, correspondence, and any other relevant documents.
  • Seeking medical opinions: Consult with another healthcare professional to confirm malpractice occurred.
  • Contacting an attorney: Work with an attorney experienced in Virginia medical malpractice law to navigate the legal process and understand applicable timelines.

Taking these actions early ensures the case is thoroughly prepared, and the injured minor’s rights are fully protected.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing malpractice victims. As a trusted personal injury 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 negligence caused injury to your child, acting quickly is crucial. Birth injury 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.