Legal Question in Medical Malpractice in Virginia

U.S.C. 1983 statute of limitations

If an inmate in Virginia is medically/dental injured while incarcerated, can he file a tort claim when he released? He did not nor did his family know about the U.S.C. 1983.


Asked on 5/07/08, 6:49 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: U.S.C. 1983 statute of limitations

The statute of limitations for a 42 U.S.C. 1983 action for alleged medical malpractice would be based upon the limitation for the analagous state action which would normally be two years in the Commonwealth, unless some exception were applicable which might toll(stop from running)the statute.

The mere fact that the victim may not have been aware of this possible remedy under federal law for his alleged injuries would not be a basis for tolling this statute(in my opinion).

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Answered on 5/07/08, 10:19 am


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