What Is the Deadline in Virginia for Filing a Medical Malpractice Claim?

Virginia law (Va. Code § 8.01-243) requires you to file a medical malpractice claim within two years from the date when the medical malpractice occurred. However, the deadline goes beyond two years if you were a minor or under a legal disability. If the malpractice involved leaving a foreign object behind after surgery or fraud, concealment, or intentional misrepresentation, the deadline extends to one year from the date of discovery (or the date you could have discovered it using due diligence). Also, if a healthcare provider failed to diagnose specific types of cancer or a malignant tumor, you must file a claim within one year of receiving the correct diagnosis.