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Pass the Discovery Rule for Medical Malpractice Suits
Petition published by Bethany Nichols on May 07, 2012
26 Signatures 
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Target: Virginia Supreme Court
Region: United States of America
Petition Background (Preamble):
My mother has been living in constant pain due to a neuroma caused by a botched surgery. The doctor that performed the surgery, however, was never held accountable. This is because she did not discover the neuroma until 4 years after the surgery.
With Medical Malpracice laws the way they are in Virginia, the statute of limits to file a malpractice claim is within 2 years of the date the injury was accrued, not when it is discovered. Several appeals have been made to the Virginia Supreme Court to pass the "Discovery Rule" which would extend that time to when the injuries are actually recognized, especially since a lot of times the damage is undetectable for an extended period of time. However, all of these appeals have been denied. This is outrageous and unjust.
This is why I am creating a petition to have the "Discovery Rule" passed.
With Medical Malpracice laws the way they are in Virginia, the statute of limits to file a malpractice claim is within 2 years of the date the injury was accrued, not when it is discovered. Several appeals have been made to the Virginia Supreme Court to pass the "Discovery Rule" which would extend that time to when the injuries are actually recognized, especially since a lot of times the damage is undetectable for an extended period of time. However, all of these appeals have been denied. This is outrageous and unjust.
This is why I am creating a petition to have the "Discovery Rule" passed.
Petition:
We, the undersigned, call on the Virginia Supreme Court to pass the "Discovery Rule" in regards to Medical Malpractice suits, extending the statute of limitations for filing a claim against the offending Health Care Professional to after injuries accrued from Medical Malpractice have been discovered and recognized as such.
The Pass the Discovery Rule for Medical Malpractice Suits petition to Virginia Supreme Court was written by Bethany Nichols and is in the category Law Reform at GoPetition. Contact author here.
