Anyone considering filing a medical malpractice lawsuit in Virginia needs to be aware of certain procedural hurdles that have been put in place for plaintiffs in these kinds of cases, as well as state laws that could affect the amount of money a medical malpractice plaintiff can be awarded in Virginia's courts.
In this article, we'll summarize the Virginia lawsuit filing deadline for medical malpractice cases, lawsuit certification requirements, rules on qualifications of expert witnesses, and more.
Virginia's Medical Malpractice Statute of Limitations
If you think you've got a valid claim for injury against a health care provider in Virginia, one of your first concerns is understanding and complying with the statute of limitations for these kinds of lawsuits. This is a law that sets a strictly-enforced time limit on a potential plaintiff's right to have a court consider their case.
Miss the filing deadline set by the statute of limitations, and you've likely lost your right to file a lawsuit against the health care provider, regardless of how egregious the treatment error might have been, or how seriously you were harmed by it.
The standard time window for filing a medical malpractice lawsuit is two years in Virginia (starting from the date on which the underlying medical error was committed), but there are a number of circumstances that could alter or extend this deadline. Learn more about the Virginia medical malpractice statute of limitations.
The "Certification of Expert Witness" Requirement
By filing a medical malpractice lawsuit in Virginia, you're basically telling the court (and the health care provider you're suing) that you've consulted a qualified medical expert who has communicated to you that, based on a "reasonable understanding of the facts" of your case, he or she believes that:
- the defendant health care provider provided sub-par medical treatment to you under the circumstances, and
- this deviation from the applicable standard of care was a "proximate cause" of your claimed injuries.
In other words, a qualified medical expert believes that your case has merit. Get the details on the Virginia "certification of expert witness" requirement for medical malpractice lawsuits.
Qualification of Medical Expert Witnesses in Virginia
So, who will be considered a qualified medical expert for purposes of the above-discussed certification requirement, and when it comes time for your side to present expert testimony in court? After all, in the majority of medical malpractice cases, the plaintiff will be relying on an expert witness's testimony to prove key issues like liability and damages. And Virginia law carefully defines who may testify as an expert in a medical malpractice lawsuit. Get the details on expert witness requirements for Virginia medical malpractice cases.
Caps on Damages in Virginia Medical Malpractice Cases
Once you've jumped through all the aforementioned procedural hoops, and your medical malpractice lawsuit is off and running in the court system, there are a number of additional Virginia laws that could impact the outcome of the case, and the kinds of compensation you might end up with.
One of the most important of these laws is the Virginia medical malpractice damages cap, which places a dollar limit (or "cap") on the amount of damages a plaintiff can be awarded in a successful medical malpractice lawsuit against a health care provider. This cap varies depending on when the case arose (meaning when the defendant health care provider allegedly made the mistake that led to your harm). Learn more about the Virginia medical malpractice damages cap.