Medical Malpractice Rules in Virginia
The deadline to file a medical malpractice claim in Virginia, the discovery rule, and caps on damages.
Short answer: The general two-year personal injury deadline applies, with extensions: one year from discovery for a foreign object with no therapeutic purpose left in the body; Va. Code § 8.01-243(A), (C)
| Medical malpractice deadline | The general two-year personal injury deadline applies, with extensions: one year from discovery for a foreign object with no therapeutic purpose left in the body; one year from discovery when fraud, concealment or intentional misrepresentation prevented discovery; and one year from when a diagnosis is communicated in claims for negligent failure to diagnose cancer, a malignant tumor, or certain schwannomas. These extensions generally cannot stretch the period beyond 10 years from when the cause of action accrues. Source: Va. Code § 8.01-243(A), (C) |
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| Medical malpractice caps | Virginia caps the total amount recoverable (all damages, not just noneconomic) for injury or death of a patient in a malpractice action against a health care provider. The cap depends on when the malpractice occurred and rises by $50,000 each July 1: $2.70 million for July 1, 2025 through June 30, 2026; $2.75 million for July 1, 2026 through June 30, 2027; reaching $3 million for malpractice on or after July 1, 2031. Source: Va. Code § 8.01-581.15 |
More Virginia personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Virginia
- Wrongful Death Lawsuits in Virginia
- Car Accident Claims in Virginia
- Dog Bite Liability in Virginia
- Motorcycle Accident Claims in Virginia
- Pedestrian Accident Claims in Virginia
- Bicycle Accident Claims in Virginia
- Uber and Lyft Accident Claims in Virginia
- Truck Accident Claims in Virginia
- Construction Site Injuries in Virginia
- All Virginia personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Virginia?
The general two-year personal injury deadline applies, with extensions: one year from discovery for a foreign object with no therapeutic purpose left in the body; one year from discovery when fraud, concealment or intentional misrepresentation prevented discovery; and one year from when a diagnosis is communicated in claims for negligent failure to diagnose cancer, a malignant tumor, or certain schwannomas. These extensions generally cannot stretch the period beyond 10 years from when the cause of action accrues.
Is there a cap on medical malpractice damages in Virginia?
Virginia caps the total amount recoverable (all damages, not just noneconomic) for injury or death of a patient in a malpractice action against a health care provider. The cap depends on when the malpractice occurred and rises by $50,000 each July 1: $2.70 million for July 1, 2025 through June 30, 2026; $2.75 million for July 1, 2026 through June 30, 2027; reaching $3 million for malpractice on or after July 1, 2031.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.