Q: Is it too late to sue for medical malpractice for a procedure that was done 8 years ago and resulted in death?
I'm seeking advice for my daughter's day care teacher. Her husband went to Loudoun Hospital for a simple procedure and died before the surgery even started. He was fine beforehand, laughing, no signs of illness, etc. The hospital still charged the insurance $8,500 for the procedure that was never done and the wife (now a widow) was left with no answers. She his 3 children now who are grown, but makes very little money and never pursued anything legally with the hospital. Does she still have a case, even though it happened 8 years ago?
A: There is a two year statute of limitations on wrongful death claims in Virginia. The time has longed passed to look into a claim.
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