Virginia HB 870: Sexual abuse; statute of limitations, personal action for injury to person.

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2020 SESSION

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CHAPTER 1125 

An Act to amend and reenact � 8.01-243 of the Code of 
Virginia, relating to statute of limitations; sexual abuse. 

[H 870] 

Approved April 10, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 8.01-243 of the Code of Virginia is amended and 
reenacted as follows:

� 8.01-243. Personal action for injury to person or property 
generally; extension in actions for malpractice against health care provider.

A. Unless otherwise provided in this section or by other 
statute, every action for personal injuries, whatever the theory of recovery, 
and every action for damages resulting from fraud, shall be brought within two 
years after the cause of action accrues.

B. Every action for injury to property, including actions by a 
parent or guardian of an infant against a tort-feasor for expenses of curing or 
attempting to cure such infant from the result of a personal injury or loss of 
services of such infant, shall be brought within five years after the cause of 
action accrues. An infant's claim for medical expenses pursuant to subsection B 
of � 8.01-36 accruing on or after July 1, 2013, shall be governed by the 
applicable statute of limitations that applies to the infant's cause of action.

C. The two-year limitations period specified in subsection A 
shall be extended in actions for malpractice against a health care provider as 
follows:

1. In cases arising out of a foreign object having no 
therapeutic or diagnostic effect being left in a patient's body, for a period 
of one year from the date the object is discovered or reasonably should have 
been discovered;

2. In cases in which fraud, concealment, or intentional 
misrepresentation prevented discovery of the injury within the two-year period, 
for one year from the date the injury is discovered or, by the exercise of due 
diligence, reasonably should have been discovered; and

3. In a claim for the negligent failure to diagnose a 
malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma, 
for a period of one year from the date the diagnosis of a malignant tumor, 
cancer, or an intracranial, intraspinal, or spinal schwannoma is communicated 
to the patient by a health care provider, provided that the health care 
provider's underlying act or omission was on or after July 1, 2008, in the case 
of a malignant tumor or cancer or on or after July 1, 2016, in the case of an 
intracranial, intraspinal, or spinal schwannoma. Claims under this section for 
the negligent failure to diagnose a malignant tumor or cancer, where the health 
care provider's underlying act or omission occurred prior to July 1, 2008, 
shall be governed by the statute of limitations that existed prior to July 1, 
2008. Claims under this section for the negligent failur