Virginia Statute of Limitations for Medical Malpractice
In Virginia, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Va. Code § 8.01-243(A).
- 2 years from the date of the act. Discovery rule extends to 1 year from discovery, with a 10-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the date of the act. Discovery rule extends to 1 year from discovery, with a 10-year statute of repose.
General Virginia Rules
Virginia distinguishes between written contracts (5 years) and oral contracts (3 years). The state has a 2-year personal injury statute and a 10-year statute of repose for medical malpractice. Virginia does not broadly apply the discovery rule, except for medical malpractice and fraud claims.
Other Statutes of Limitations in Virginia
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Virginia?
The statute of limitations for medical malpractice in Virginia is 2 years. Citation: Va. Code § 8.01-243(A).
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When does the clock start for medical malpractice in Virginia?
2 years from the date of the act. Discovery rule extends to 1 year from discovery, with a 10-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in Virginia?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.