Virginia Statute of Limitations on Dental Work

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Dentists can be sued for medical malpractice.

A visit to the dentist can be a dreaded experience for many people. Dentists, like all doctors, must provide service according to a professional standard of care. Failure to do so can result in a lawsuit which, in Virginia, must be brought within a certain time frame.

  1. Statute of Limitations

    • All states, including Virginia, have adopted statutes of limitation. These laws prescribe the amount of time by which a claimant must bring a lawsuit. Failure to do so will forever bar the claimant from bringing the case.

    Virginia Statute of Limitations

    • The Virginia statute of limitations for medical malpractice, which includes dentistry, can be found at the Virginia Code Annotated, Sections 8.01-581.1 through 8.01-581.20. Generally, the lawsuit must be brought within two years of the injury.

    Other Issues

    • Several exceptions may toll, or stop the clock, on the statute of limitations, such as ongoing care for the same medical issue or injury to a minor. The time frame may also be extended for one year from discovery of the injury when the injury has been concealed by the doctor or when a foreign object has been left inside a patient.

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  • Photo Credit dentist image by Sandor Kacso from Fotolia.com

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