Link to State Law: Virginia Codes and Laws
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Virginia state law, contact an experienced attorney.
Statute of Limitations: Under Virginia law, medical malpractice actions must be commenced within two years of the date of the act or omission giving rise to the claim. When the case involves a foreign object left in the body, the medical malpractice claim must be filed within one year of the date the object was or reasonably should have been discovered. No claim involving a foreign object in the body can be filed more than ten years after the date the object was inserted. A minor who is under the age of eight when he or she suffers a medical malpractice injury has until his or her tenth birthday to file a claim.
Minimum Qualifications of Expert Witnesses: In order to qualify as an expert witness for a Virginia medical malpractice case, an individual must be licensed and must have an active clinical practice in the defendant's field or a related specialty.
Limitations on Monetary Damages: Virginia law limits damages awarded in medical malpractice cases to $1.5 million, increased by $50,000 per year from 2001 to 2006, and by $75,000 per year for 2007 and 2008.
Limitations on Attorney Fees: There are no limits on attorney fees for medical malpractice cases in Virginia.