Under VA law, while the statute of limitations is indeed 2 years, the courts have held that as long as you have been continually being treated for this condition by the doctor for the same conditions tolls the statute until treatment ends. Grubbs v. Rawls, 235 Va. 607, 369 S.E.2d 683 (1988). Thus, you have 2 years from the date you were last treated for this to file suit for malpractice. You will also need to have a medical expert agree that this is malpractice. Perdieu v. Blackstone Family Practice Center, Inc., 264 Va. 408, 568 S.E.2d 703 (2002). Under VA law, in order to testify as an expert on the standard of care a witness must demonstrate expert knowledge of the standards of the defendant’s specialty and have had an active clinical practice in either the defendant’s specialty or a related field of medicine within one year of the date of the alleged act or omission. Va. Code Ann. § 8.01-581.20.

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