Thank you for your reply.
Under VA law, within two years from the date the cause of action accrued, which is the date of injury. Va. Code Ann. §§ 8.01-230. The Supreme Court has rejected the judicial adoption of a discovery rule, Nunnally v. Artis, 254 Va. 247, 492 S.E.2d 126, (1997), but holds that continuing treatment for the same conditions tolls the statute until treatment ends. Grubbs v. Rawls, 235 Va. 607, 369 S.E.2d 683 (1988). So, if you continued to treat with this doctor for the same back issues, the statute of limitations does not begin to run until your treatment with this doctor ended.
Also, not all medical procedures that have negative outcomes or unsuccessful outcomes are malpractice. The fact is that many medical procedures have unsuccessful outcomes, even though they were performed exactly as they were supposed to be performed. In order to have any right to sue for an unsuccessful surgery or medical procedure, you must have a medical expert examine you and be willing to testify that the conduct of the doctor who performed the surgery was below the reasonable standard of care (negligent). Without proof of negligence testified to by a medical expert, no medical malpractice claim could succeed. See: Perdieu v. Blackstone Family Practice Center, Inc., 264 Va. 408, 568 S.E.2d 703 (2002).
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