Up until now, you most likely weren’t familiar with the definition of “statute of limitations,” which is the timeframe you have to file a legal claim. In Virginia, the statute of limitations for medical malpractice lawsuits is two years. The question is – when do the two years begin?
In Virginia, we have something known as the “continuing treatment rule,” which states that the statute of limitations begins when you leave the care of the doctor who committed malpractice. In addition, in cases where you do not know malpractice has taken place until months or years later (such as when a surgeon leaves a sponge inside your body), you may have one year to file a lawsuit from the date you discovered the malpractice.
The statute of limitations can become complicated, which is why it is a good idea to talk with a Virginia medical malpractice attorney to at least determine how long you have to file a lawsuit.