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Virginia Medical Malpractice Cases

Virginia Lawyers Weekly » Verdicts & Settlements

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Frequently Asked Questions about Personal Injury, Medical Malpractice, and Insurance Disputes

 


Q: I recently discovered that a previous dentist had done work in 2004 that was incompetently done. What is the statute in this case and when does it start - upon the last work done by the previous dentist or upon my discovering the dentist's bad work?

A: Each state has a different rules for statutes of limitations. In Virginia medical malpractice cases the rule, generally, is that you have two years from the day you last saw the negligent healthcare provider for carrying treatment related to the same injury. It does not matter when the injury was discovered.

In some cases involving a delayed diagnosis of cancer the statute of limitations will begin to run when the nature of the cancer changed to a more aggressive disease.  This is a very complicated situation and only an experienced medical malpractice attorney in your area can help you analyze whether you still have time to file suit.

I discuss this and other issues in my book, Why Most Malpractice Victims Never Recover a Dime.


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