Virginia

Statute of Limitations

Medical Claim Generally:

A medical malpractice claim “shall be brought within two years after the cause of action accrues.” However, this statute also lays out the discovery rule. [Virginia Code § 8.01-243]

Minors:

A minor may bring an action “within the prescribed limitation period after such disability is removed” [Virginia Code § 8.01-229.1]

Wrongful death:

A wrongful death action “shall be brought by the personal representative of the decedent within two years after the death of the injured person.” [Virginia Code § 8.01-244]

Damage Caps

Virginia places a cap that applies to all damages, including economic and non-economic damages that increases every year. The cap for medical malpractice in Virginia is $2.65 million as of July 1, 2024. The cap increases by $50,000 each year, reaching $3 million on July 1, 2031.  [Virginia Code § 8.01-581.15]

Attorney Fee  Caps

Virginia does not currently have statutory attorney fee caps.

Pre-suit 

Requirements

Virginia has a pre-suit requirement of a certificate of merit “that the plaintiff has obtained from an expert witness whom the plaintiff reasonably believes would qualify as an expert witness” which contains a “written opinion signed by the expert witness that, based upon a reasonable understanding of the facts, the defendant for whom service of process has been requested deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed.” [Virginia Code § 8.01-20.1]

Expert

Qualifications

“Any health care provider who is licensed to practice in Virginia shall be presumed to know the statewide standard of care in the specialty or field of practice in which he is qualified and certified. This presumption shall also apply to any person who, but for the lack of a Virginia license, would be defined as a health care provider under this chapter, provided that such person is licensed in some other state of the United States and meets the educational and examination requirements for licensure in Virginia. An expert witness who is familiar with the statewide standard of care shall not have his testimony excluded on the ground that he does not practice in this Commonwealth. A witness shall be qualified to testify as an expert on the standard of care if he demonstrates expert knowledge of the standards of the defendant's specialty and of what conduct conforms or fails to conform to those standards and if he has had active clinical practice in either the defendant's specialty or a related field of medicine within one year of the date of the alleged act or omission forming the basis of the action.” [Virginia Code § 8.01-581.20]

Negligent

Credentialing Claims

Virginia recognizes negligent credentialing and recently held that this cause of action falls outside of the Medical Malpractice Act. [Martin v. Salvaggio et al.]