Notwithstanding the provisions of § 8.01-229 A and except as provided in subsection C of § 8.01-243, any cause of action accruing on or after July 1, 1987, on behalf of a person who was a minor at the time the cause of action accrued for personal injury or death against a health care provider pursuant to Chapter 21.1 (§ 8.01-581.1 et seq.) shall be commenced within two years of the date of the last act or omission giving rise to the cause of action except that if the minor was less than eight years of age at the time of the occurrence of the malpractice, he shall have until his tenth birthday to commence an action. Any minor who is ten years of age or older on or before July 1, 1987, shall have no less than two years from that date within which to commence such an action.
1987, cc. 294, 645.
Notes of Decisions
Hicks Ex Rel. Hicks v. Mellis, 657 S.E.2d 142 (Va. 2008).
· cites it 2× “Thus, the circuit court concluded that the case remained stricken from the docket, that the second nonsuit was of "no effect," and that the third motion for judgment was barred by the statute of limitations under Code § 8.01-243.1. Hicks appeals. Hicks argues that the circuit…”
Willis v. Mullett, 561 S.E.2d 705 (Va. 2002).
· cites it 2× “Code § 8.01-243.1 (the medical malpractice statute of limitations for minors); Acts 1987 chs.”
Ferguson v. Blaylock, 41 Va. Cir. 438 (Richmond County Cir. Ct. 1997).
· cites it 6× “Va. Code § 8.01-243.1. Further, according to Virginia Code § 8.”
Mays v. Rockingham Mem'l Hosp., 42 Va. Cir. 19 (Rockingham Cir. Ct. 1996).
· cites it 5× “In the second prong of their Plea in Bar, the Defendants raise a very unique and well-presented argument as to why the Plaintiffs claims are barred by § 8.01-243.1 of the Code of Virginia. In essence, the Defendants argue that because the real party in interest in this case,…”
Smith v. Chippenham & Johnston-Willis Hospitals, Inc., 48 Va. Cir. 296 (Richmond County Cir. Ct. 1999).
· cites it 3× “Thus, under Va. Code § 8.01-243.1, a person who was a minor at the time must assert such a claim against a health care provider by filing “within two years of the date of the last act or omission giving rise to the cause of action —” Contending that plaintiff did not file within…”
LLT Mgmt. LLC v. Emory (E.D. Va. 2025).
“Code §§ 8.01-243.1 (medical malpractice), 8.01-244 (wrongful death); (2) the type of wrong alleged, e.”
Johnson v. Commonwealth, 51 Va. Cir. 311 (Stafford Cir. Ct. 2000).
· cites it 2× “01-243 is tolled as to minors, Code § 8.01-243.1, and prisoners, § 8.01-243.”
Delk v. Edens, 56 Va. Cir. 518 (Newport News Cir. Ct. 2001).
“The parties do not contest that the infant’s claim is allowed under § 8.01-243.1 of the Code of Virginia, 1950, as amended, or that the parent has a claim for reimbursement of medical expenses and loss of services of such infant, which may be filed within five years after the…”
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