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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 41221
Experience:  I provide basic personal injury advice to my clients in my own practice.
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Medical malpractice

This answer was rated:

Due to realizing this question will be posted publicly, I am withdrawing it.

Thank you for your question. Please permit me to respond directly to all your concerns. If any of my information is not as you hoped, please do not blame the proverbial messenger, my duty is to provide you with the best information even if not always the most favorable.

To answer directly, Virgina under § 8.01-243 has a two year state of limitations for medical malpractice claims. This statute could be extended in cases of a foreign object or in cases of a tumor or cancer found in the patient which would permit th extension for one year. If this tumor was found within the past year, then at least from the statutory period you have the ability to pursue a claim, but if this tumor was found more than one year ago, you would be barred under VA laws to pursue a claim.

As for the claim itself, you and your medical professionals would have the burden of proving that their misdiagnoses caused this injury. The misdiagnoses can still take place even if there is an another intervening factor or cause, other illnesses, or other factors. It just makes it harder to then prevail, although it is still possible.

PS. Once I have assisted you and you are satisfied with my answer, I can ask the moderators to block out and remove this question. Until then I would not be able to see it myself and would therefore not be able to assist you either.

Hope that helps.

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