SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD8500188Patrons--Cunningham, Christian, Crittenden, Darner, Jones, J.C. and Robinson; Senators: Lucas and Marsh
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-243 of the Code of Virginia is amended and reenacted as follows:
§ 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.
B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five 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. In cases arising out of a foreign object having no therapeutic or
diagnostic effect being left in a patient's body, for a period of one year
from the date the object is discovered or reasonably should have been
discovered; and
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. ; and
3. In cases in which there has been a negligent failure to properly execute the surgical sterilization of a male or female patient, for a period of one year from the date of discovery that a pregnancy has occurred as a result of the faulty sterilization procedure or from the date such pregnancy reasonably should have been discovered.
However, the provisions of this subsection shall not apply to extend the limitations period beyond ten years from the date the cause of action accrues, except that the provisions of § 8.01-229 A 2 shall apply to toll the statute of limitations in actions brought by or on behalf of a person under a disability.