Legal Question in Personal Injury in Virginia
Virginia Statute of Limitations
I recently discovered that a previous dentist had done about $10K work in 2004 that was incompetently done. Unfortunately, it wan't until this year that my new dentist discovered this. 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?
1 Answer from Attorneys
Re: Virginia Statute of Limitations
Code of Virginia Sec. 8.01-243. Personal action for injury to person or property generally; extension in actions for malpractice against health care provider.
A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.
C. The two-year limitations period specified in subsection A shall be extended in actions for malpractice against a health care provider as follows:
1. (Not Applicable.)
2. In cases in which fraud, concealment or intentional misrepresentation prevented discovery of the injury within the two-year period, for one year from the date the injury is discovered or, by the exercise of due diligence, reasonably should
have been discovered.