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Medical malpractice case dismissed. Statute of limitation was not tolled. Court finds no continuous treatment. [PDF]
Description: Virginia has a two-year statute of limitations for medical malpractice cases that starts to run when the patient is injured. However, there is an exception when the health care provider continues to treat the patient. The trial court in Richmond recently held that there was no continuous treatment for a consulting radiologist who had read 5 separate radiological studies of a patient's brain over a period of 5 years, and the patient's case was dismissed.