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.
§ 8.01-243.1.Actions for medical malpractice; minors.
Chapter 4. Limitations of Actions · Article 3. Personal Actions Generally · Last amended 1987 · Last verified July 16, 2026
In one sentenceSection 8.01-243.1 governs medical malpractice claims by minors, generally requiring suit within two years of the last negligent act or omission but guaranteeing any child under eight at the time of the malpractice until his tenth birthday to sue, with a grandfathered minimum of two years for minors already ten or older by July 1, 1987.
Full Text of § 8.01-243.1
Plain-English Summary
Section 8.01-243.1 replaces the ordinary infancy-tolling rule of § 8.01-229(A) with its own specific timetable for medical malpractice claims brought on behalf of a minor. As a baseline, a claim accruing on or after July 1, 1987, for personal injury or death against a health care provider must be filed within two years of the last act or omission giving rise to the claim, regardless of the child’s age, except where subsection C of § 8.01-243 supplies a different extension.
The section then builds in a floor for younger children. If the minor was under eight years old when the malpractice occurred, the family gets until the child’s tenth birthday to sue, even if that stretches well beyond the standard two years from the negligent act. And for minors who were already ten or older on or before July 1, 1987, when this section took effect, the law guarantees at least two years from that date to bring an action, ensuring the new rule did not retroactively shorten a claim that was already running under the old approach.
Frequently Asked Questions
How long does a minor generally have to sue a health care provider for malpractice in Virginia?
Two years from the date of the last act or omission giving rise to the cause of action, under Section 8.01-243.1, unless the child qualifies for the under-eight extension.
What if the child was younger than eight when the malpractice occurred?
The child has until his tenth birthday to bring the action, even if that extends the filing window well past two years from the negligent act.
Does the ordinary infancy tolling rule in § 8.01-229 apply to these claims?
What protection did the law give to minors who were already ten or older when this section took effect in 1987?
Any minor age ten or older on or before July 1, 1987, was guaranteed no less than two years from that date to commence an action.
Does this section apply to claims that accrued before July 1, 1987?
By its terms, the section applies to a cause of action accruing on or after July 1, 1987.
Amendment History
1987, cc. 294, 645.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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