FB Virginia Statute of Limitations for Birth Injuries, Medical Malpractice

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 10 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Virginia Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

10 years: Va. Code Ann. § 8.01-243.1: Notwithstanding the provisions of § 8.01-229 A and except as provided in subsection C of § 8.01-243, any cause of action accruing on or after July 1, 1987, on behalf of a person who was a minor at the time the cause of action accrued for personal injury or death against a health care provider pursuant to Chapter 21.1 (§ 8.01-581.1 et seq.) shall be commenced within two years of the date of the last act or omission giving rise to the cause of action except that if the minor was less than eight years of age at the time of the occurrence of the malpractice, he shall have until his tenth birthday to commence an action. Any minor who is ten years of age or older on or before July 1, 1987, shall have no less than two years from that date within which to commence such an action.

Virginia Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: Va. Code Ann. § 8.01-243(A): Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. (See Sec. 8.01-36 for pre-majority expenses – claim has same SOL as minor claim for causes of action accruing prior to July 1, 2013 and for causes accruing after July 1, 2013, minor may recover if minor’s recovery is subject to the cap; parent have a lien).

Virginia Medical Malpractice Claim Caps

Va. Code Ann. § 8.01-581.15: Virginia imposes a cap on damages of all kinds in medical malpractice cases. For claims arising out of acts or omissions prior to August 1, 1999, the damage cap is $1 million. For acts or omissions on or after August 1, 1999, and before July 1, 2000, the cap is $1.5 million. The cap is increasing by $50,000 every July 1. Two final increases of $75,000 beginning in 2007 will bring the damage cap to $2 million for acts or omissions on or after July 1, 2008, $2.00 million-July 1, 2008, through June 30, 2012; $2.05 million-July 1, 2012, through June 30, 2013; $2.10 million-July 1, 2013, through June 30, 2014; $2.15 million-July 1, 2014, through June 30, 2015; $2.20 million-July 1, 2015, through June 30, 2016.

Virginia Statute of Limitations for Wrongful Death Claims

2 years: Va. Code Ann. § 8.01-243: Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

Virginia Wrongful Death Claim Caps

Va. Code Ann. § 8.01-581.15: Virginia imposes a cap on damages of all kinds in medical malpractice cases. For claims arising out of acts or omissions prior to August 1, 1999, the damage cap is $1 million. For acts or omissions on or after August 1, 1999, and before July 1, 2000, the cap is $1.5 million. The cap is increasing by $50,000 every July 1. Two final increases of $75,000 beginning in 2007 will bring the damage cap to $2 million for acts or omissions on or after July 1, 2008, $2.00 million-July 1, 2008, through June 30, 2012; $2.05 million-July 1, 2012, through June 30, 2013; $2.10 million-July 1, 2013, through June 30, 2014; $2.15 million-July 1, 2014, through June 30, 2015; $2.20 million-July 1, 2015, through June 30, 2016.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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