The state generally requires filing a medical malpractice lawsuit within two years after the occurrence of a medical mistake. However, an injured patient may not immediately realize when a mistake happens. In other cases, medical practitioners might take steps to obscure an error, or they might not diagnose an ailment correctly.

Due to the complexities surrounding medical procedures, injured patients and their loved ones should consult the experienced medical injury attorneys at MichieHamlett PLLC when they have questions about the statute of limitations in Charlottesville medical malpractice cases.

What Is a Medical Malpractice Statute of Limitations?

In civil lawsuits for medical error injuries, the statute of limitations sets a filing deadline. Virginia has established a two-year deadline in most cases to encourage injured parties to initiate prompt legal action while evidence of a medical mistake remains fresh and memories of witnesses are clear.

A medical malpractice case filed after the deadline is likely to face dismissal. The injured party may then no longer have a right to recover damages to compensate for the costs associated with a medical injury. If you suspect that your medical team made a mistake in diagnosing or treating your illness or injury, you should not hesitate to promptly contact a Charlottesville attorney about medical malpractice filing deadlines.

Are There Exceptions to the Statute of Limitations?

The laws in Charlottesville include certain exceptions to the two-year deadline for filing a medical malpractice lawsuit:

  • For children under 8, the statute begins on their 10th birthday; for ages 8-18, the two-year deadline applies, and there may be exceptions depending on the type of medical malpractice that was committed
  • When doctors fraudulently conceal medical mistakes, courts might suspend the deadline until the patient discovers the issue
  • Cancer patients have one year from the date of diagnosis to file; surgery patients have one year after they discover or should have discovered the foreign object

A knowledgeable lawyer could assess your case’s filing deadline and any applicable exceptions. Rather than relying on an exception, your better strategy is to contact a lawyer as soon as you think a medical mistake happened.

What Is a Medical Malpractice Statute of Repose?

Virginia has a 10-year deadline after the occurrence of a medical error for filing medical malpractice lawsuits, regardless of when the mistake was made or discovered. A lawyer who represents a minor or a person with a mental incapacity may be able to argue for an extension, but otherwise, Virginia does not allow exceptions to this 10-year statute of repose when considering Charlottesville medical malpractice time limits.

Contact Our Charlottesville Attorneys Before the Malpractice Filing Deadline

The average medical malpractice damages settlement in the United States is over $300,000. Many settlements substantially exceed this average, and MichieHamlett’s attorneys have obtained many of the highest verdicts and settlements in medical malpractice cases in Virginia.

Patients may forfeit their opportunity to recover damages if they file their lawsuit after the statute of limitations in Charlottesville medical malpractice cases. If you call MichieHamlett when you suspect a medical mistake, our lawyers could ensure timely filing at no upfront cost. We have represented clients in the area for more than 75 years. Contact us today so we may dedicate the full resources of our firm to get you the compensation you need to recover from medical mistakes.