Virginia Medical Malpractice Laws

When malpractice is not immediately discoverable, the 2-year period begins when the patient discovers or should have discovered the injury. The continuing treatment doctrine may also extend the accrual date.

For children under 8 at the time of the alleged malpractice, the statute is tolled until the child's 10th birthday (giving until age 10 to file).

If a foreign object is left in the patient, the 10-year repose does not apply. The patient has 1 year from discovery of the foreign object to file suit.

Virginia caps TOTAL medical malpractice damages (including both economic and non-economic damages) at $2,700,000 for claims arising in 2026. The cap increases by $50,000 per year: $2,750,000 in 2027, $2,800,000 in 2028, up to $3,000,000 in 2031, where it remains. This is one of the most restrictive caps in the nation as it includes economic damages.

The plaintiff must certify in writing, at the time of filing, that an expert has reviewed the case and determined that the standard of care was breached. The expert must be qualified in the same or a related specialty.

Either party may request that the case be reviewed by a medical malpractice review panel before trial. The panel's opinion is admissible at trial but not conclusive.

Virginia operates a no-fault compensation program for birth-related neurological injuries (e.g., cerebral palsy from birth trauma). Participating physicians and hospitals pay into the fund. Eligible families receive lifetime medical care, lost wages, and other benefits without having to prove malpractice. Acceptance of benefits bars tort claims.

Virginia provides limited charitable immunity. Charitable organizations are not immune from medical malpractice suits, but the cap on damages still applies. Individual practitioners at charitable facilities are subject to the same rules as private practitioners.