Virginia — Medical Malpractice SOL
2 years
Governing statute: §8.01-243.1
The rule at a glance
- Baseline
- 2-year statute of limitations from the act or injury.
- Discovery rule
- limited (foreign-object 1yr; fraud).
- Statute of repose
- No statute of repose (discovery rule uncapped).
- Minor tolling
- under 8: until age 10
- Government-entity notice of claim
- 180-day notice required before suing a government entity.
- Statutory reference
- §8.01-243.1
Common pitfalls in Virginia
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common Virginia pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "limited (foreign-object 1yr; fraud)" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("under 8: until age 10") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (none).
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