Understanding Virginia’s Continuous Treatment Doctrine in Medical Malpractice Claims

Have you been hurt by a medical provider’s mistake? Time isn’t on your side. In Virginia, medical malpractice lawsuits have to be filed within a strict window called the statute of limitations, or SOL.

However, what happens when the cause wasn’t a single event, but happened over a long course of treatment? That’s where the continuous treatment doctrine comes in.

This legal rule can give patients more time to file a lawsuit if they continue seeing the same provider for the same condition after the alleged malpractice occurred.

For many Virginians, especially those who didn’t realize they were harmed right away, it can be the difference between having a viable case and being unable to hold medical providers accountable.

The basics: Statute of limitations for medical malpractice in Virginia

Under Virginia law, the general statute of limitations for medical malpractice claims is two years from the date of the injury. This deadline is strict, and missing it almost always means your case will be dismissed, no matter how strong the evidence may be.

There are limited exceptions to this rule. One of the most important is the continuous treatment doctrine, which can provide a malpractice SOL extension in Virginia when the negligent care is part of an ongoing treatment relationship instead of being related to a single instance.

What is the continuous treatment doctrine?

The continuous treatment doctrine is a legal principle that pauses (or tolls) the statute of limitations as long as the patient is receiving continuous treatment from the same healthcare provider for the same medical condition that gave rise to the alleged malpractice.

In other words, the clock doesn’t start ticking until the treatment ends.

This rule recognizes that patients should not be penalized for trusting their provider and following their recommended course of care, even if that care is doing more harm than good.

Key requirements for the doctrine to apply:

• There was an ongoing course of treatment: The care can’t be a one-off visit, but part of a continued relationship between the patient and provider.
• The treatment was for the same condition or issue: If you’re being seen for something unrelated, the doctrine won’t apply.
• There was no clear break in care: If you stopped seeing the provider for a long period or switched doctors entirely, the court could rule that the treatment has ended.

Why this matters: Delayed discovery is common

Many patients don’t know they were harmed right away. A misdiagnosis might not reveal itself until months later. A surgical error might not cause symptoms for a long time. In these cases, the two-year window can be far too short.

The continuous treatment doctrine helps account for this reality, especially in cases where a patient continued seeing the same doctor, trusting that their condition was being properly managed.

How Virginia courts have applied the doctrine

Virginia courts have recognized the continuous treatment doctrine for years, but how and when it applies has evolved through case law.

In Farley v. Goode, 219 Va. 969 (1979), the Supreme Court of Virginia adopted the doctrine, noting that “[a] continuing course of treatment…may constitute a single wrong for purposes of the statute of limitations.”

Recent developments have reinforced how strictly Virginia courts apply the doctrine, particularly in emphasizing objective continuity of care:

• Courts are increasingly focusing on objective evidence of continuous care, like treatment notes, follow-up appointments, and whether the patient relied on the provider’s continuing judgment.
• Communication between provider and patient (think scheduling future care, adjusting medications, or ordering new tests) can help prove a continuing relationship.
• Gaps in treatment of several months or more may break the chain and restart the limitations clock.

If you believe you received negligent care over a long period, these decisions make it especially important to consult with a malpractice attorney who understands the current legal landscape in Virginia.

When the doctrine might apply

Let’s look at a few hypothetical examples to make this clearer.

Example 1: Ongoing misdiagnosis

You visit your primary care doctor repeatedly over two years with worsening abdominal pain. The doctor attributes it to stress and prescribes antacids. Eventually, you seek a second opinion and are diagnosed with advanced colon cancer, a condition your original doctor failed to screen for.

Even though the first missed opportunity to diagnose happened two years ago, the continuous treatment doctrine may let you file a claim, since you were receiving continuous care for the same issue.

Example 2: Post-surgical complications

You had surgery in January 2022 and continue to have follow-up visits with the same surgeon through 2023 because of persistent complications. In early 2024, another specialist discovered that a retained surgical sponge caused your issues.

Although more than two years have passed since the surgery, the continuous treatment doctrine could pause the statute of limitations until your last appointment with the surgeon.

Example 3: Intermittent, unrelated treatment

You see your primary care provider for a knee injury in 2021, but then only visit once in 2023 for a flu shot. You later discovered the knee was misdiagnosed and required surgery.

In this case, the doctrine probably would not apply. The gap in care and the unrelated nature of the later visit break the continuity needed to extend the deadline.

How to preserve your right to file

If you think you’ve been harmed by ongoing negligent treatment, don’t wait. Even if the continuous treatment doctrine might apply, you’ll still need to act quickly.

Here’s what to do:

• Document all your care: Keep detailed information about appointments, prescriptions, tests, etc.
• Request your medical records: The sooner you have access, the sooner your attorney can begin analyzing your case.
• Note the timeline: Write down when the symptoms began, when you saw each provider, and when the care ended.
• Consult an attorney as early as possible: A medical malpractice lawyer can assess whether your case qualifies for the continuous treatment doctrine and calculate your actual filing deadline.

Why do you need a lawyer familiar with Virginia malpractice law?

Virginia medical malpractice law is notoriously complex. The statute of limitations is strict, and the continuous treatment doctrine has precise legal requirements. A mistake in timing, even by a few days, can cost you.

At Phelan Petty, our attorneys stay on top of evolving case law and understand how courts in Virginia interpret the continuous treatment doctrine. We can help you determine whether your claim still falls within the legal timeframe and build a strong case based on the care you received.

Can you move forward?

The continuous treatment doctrine in VA is important to patients harmed by negligent care when the harm unfolded over months or years. But the rule isn’t automatic. You need to show clear, uninterrupted treatment for the same condition and act quickly once that care ends.

Think you have a claim? Don’t wait.

At Phelan Petty, we’ve helped Virginia families hold healthcare providers accountable for negligent care, even when the harm wasn’t obvious right away. If you believe you’re out of time, the continuous treatment doctrine may still give you a path forward. Contact us today for a free consultation.