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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 deadlineThe 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.
Medical malpractice capsVirginia 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.

More Virginia personal injury & wrongful death

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.