Virginia Birth Injury Lawyers

Virginia Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Va. Code §8.01-243 et seq. Two years from occurrence, no more than 10 years unless under disability. Foreign object: One year from reasonable discovery. If fraud, concealment or intentional misrepresentation prevented discovery of the injury within the two-year period, for one year from the date the injury is discovered or, by the exercise of due diligence, reasonably should have been discovered. In a claim for the negligent failure to diagnose a malignant tumor or cancer, for a period of one year from the date the diagnosis of a malignant tumor or cancer is communicated to the patient by a health care provider, provided the health care provider's underlying act or omission was on or after July 1, 2008. Minors under age 8: until his 10th birthday to commence an action. Minors over age 8: Claim shall be commenced within two years of the date of the last act or omission giving rise to the cause of action.

Virginia Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§8.01-581.15. In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after August 1, 1999, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed the following, corresponding amount:
August 1, 1999, through June 30, 2000 - $1.50 million
July 1, 2000, through June 30, 2001 - $1.55 million
July 1, 2001, through June 30, 2002 - $1.60 million
July 1, 2002, through June 30, 2003 - $1.65 million
July 1, 2003, through June 30, 2004 - $1.70 million
July 1, 2004, through June 30, 2005 - $1.75 million
July 1, 2005, through June 30, 2006 - $1.80 million
July 1, 2006, through June 30, 2007 - $1.85 million
July 1, 2007, through June 30, 2008 - $1.925 million
July 1, 2008, through June 30, 2012 - $2.00 million
July 1, 2012, through June 30, 2013 - $2.05 million
July 1, 2013, through June 30, 2014 - $2.10 million
July 1, 2014, through June 30, 2015 - $2.15 million
July 1, 2015, through June 30, 2016 - $2.20 million
July 1, 2016, through June 30, 2017 - $2.25 million
July 1, 2017, through June 30, 2018 - $2.30 million
July 1, 2018, through June 30, 2019 - $2.35 million
July 1, 2019, through June 30, 2020 - $2.40 million
July 1, 2020, through June 30, 2021 - $2.45 million
July 1, 2021, through June 30, 2022 - $2.50 million
July 1, 2022, through June 30, 2023 - $2.55 million
July 1, 2023, through June 30, 2024 - $2.60 million
July 1, 2024, through June 30, 2025 - $2.65 million
July 1, 2025, through June 30, 2026 - $2.70 million
July 1, 2026, through June 30, 2027 - $2.75 million
July 1, 2027, through June 30, 2028 - $2.80 million
July 1, 2028, through June 30, 2029 - $2.85 million
July 1, 2029, through June 30, 2030 - $2.90 million
July 1, 2030, through June 30, 2031 - $2.95 million
In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2031, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed $3 million. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase.

Limits on Attorney Fees

No limitations.

Periodic Payments

§8.01-424. A court must review any settlement agreement on behalf of a disabled person involving periodic payments and must be secured by a bond or insurance.

Patient Compensation or Injury Fund

§38.2-5000 et seq. Virginia Birth-Related Neurological Injury Compensation Program

Medical or Peer Review Panels

§8.01-581.16 et seq. Immunity and privileges for review committees