Virginia HB 610: Limitations period; previously time-barred actions, sexual abuse, two-year time period to file.

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2021 SESSION

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20102278D

HOUSE BILL NO. 610 

Offered January 8, 2020 

Prefiled January 6, 2020 

A BILL to amend and reenact � 8.01-243 of the Code of 
 Virginia, relating to limitations period; previously time-barred actions; 
 sexual abuse; two-year time period to file. 
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Patron-- Miyares 

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Referred to Committee for Courts of Justice 

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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 diagn