Can I Re-Start My Virginia Medical Malpractice Case?

In Virginia, it is possible to start your medical malpractice lawsuit over.

The Commonwealth of Virginia has a nonsuit statute. A nonsuit allows you to essentially dismiss your claim, which you can do one time in Virginia. With a nonsuit, you can voluntarily withdraw your case from the court and begin again at a later date. In short, a nonsuit lets you start over.

There is a deadline (a.k.a. statute of limitations) as to when you can file a medical malpractice lawsuit, which in Virginia, is two years from the date of injury. However, you may be able to re-start your Virginia medical malpractice case, even if the statute of limitations might otherwise have run out.  When a nonsuit is taken, the plaintiff typically has six months to re-file the action.

Virginia Medical Malpractice Victim Moves Forward After Nonsuit
Several months ago, there was an example of a medical malpractice victim who proceeded with her case, following a nonsuit.  Ellen Dunston was permitted to add new claims to her re-filed Virginia medical malpractice lawsuit.  The original lawsuit was filed in 2008 in Loudoun County Circuit Court.  You can read more about this case in our article, New Claims Allowed After Virginia Medical Malpractice Plaintiff Files Nonsuit.

It is important to mention that nonsuit rules are different in each state. If you are filing a medical malpractice case in a state outside of Virginia, be sure to speak with a lawyer.

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