"How long do I have to file a Virginia medical malpractice claim?"

The Virginia Code allows for only 2 years to have lapsed from the date of injury before you are unable to file a Virginia medical malpractice claim. This is known as the "statute of limitations."

This is for medical malpractice where the incident occurs in a single case such as an incorrect medication being administered. For cases that may not be reasonably discovered within the 2 years such as an object left behind after surgery, the time limit is extended 1 year beyond the date the object is discovered.

There are many exceptions and nuances to these time limits, so it is best to speak with a Virginia medical malpractice attorney as soon as possible after you believe the negligence has occurred.

An experienced attorney can help you quickly file a medical malpractice claim so you can hopefully avoid the statute of limitations deadline. If you have surpassed the 2 years since the medical procedure or emergency occurred, depending on the nature of your case you may still be able to file a Virginia medical malpractice claim due to the unreasonable time it took to discover the medical negligence.

However, you also must have an expert in the form of a certified physician or medical professional to back up your claim before you file the lawsuit. Since this, too, can take a significant amount of time, you need to speak with an attorney right away if you are serious about filing this type of claim.

Contact a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, call the team at BenGlassLaw at (703) 584-7277.

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney