When the SOL Begins to Run

Question 1

what are the 2 traditional approaches to when the sol begins to run?

Answer 1

accrual and discovery

Question 2

what is accrual?

Answer 2

when the harm occurs

Question 3

what is discovery?

Answer 3

when the injured person discovers or reasonably should have discovered the cause of action

Question 4

what is the VA approach to when the sol begins to run?

Answer 4

uses both accrual and discovery, plus some hybrids

Question 5

personal injury

Answer 5

generally when the injury is received

Question 6

Medical Malpractice: foreign object left in body with no therapeutic or diagnostic effect

Answer 6

2 year period is extended for 1 year from when the object is discovered or should have been discovered

Question 7

Medical Malpractice: fraud, concealment, or intentional misrepresentation prevents discovery of injury within the 2 year period

Answer 7

period is extended for 1 year from when the injury is discovered or should have been discovered

Question 8

what is the sol cap for medical malpractice?

Answer 8

never extended to more than 10 years from the date of the conduct, unless it’s on behalf of someone under disability

Question 9

Medical Malpractice: negligent failure to diagnose a malignant tumor or cancer

Answer 9

2 year period is extended for a period of 1 year from the date the diagnosis is communicated to the patient by a healthcare provider

Question 10

Medical Malpractice: continuing treatment rule

Answer 10

if a healthcare provider is negligent in treating a patient and the physician-patient relationship continues for that particular problem, the sol does not begin to run until the treatment for the particular problem ceases

Question 11

asbestos exposure

Answer 11

accrues when a physician first communicates the diagnosis of asbestos exposure to the patient

Question 12

sexual abuse during infancy or incapacity

Answer 12

the latter of: the removal of the disability or the fact of the injury and its causal connection to the sexual abuse is first communicated to the person by a licensed physician, psychologist, or clinical psychologist

Question 13

sexual abuse adult

Answer 13

begin to run at the time of the abuse

Question 14

implantation of any prosthetic device for breast augmentation or reconstruction

Answer 14

2 years begins to run when the fact of the injury and its causal connection to the implantation is first communicated by a physician

Question 15

the rule for the breast implant sol applies to:

Answer 15

only the manufacturer, not a case against the doctor

Question 16

non-ucc contract claims

Answer 16

start when the breach of contract occurs, not when the resulting damage is discovered

Question 17

continuing course of dealing

Answer 17

sol for breach will not start to run until the contractual relationship over which the claim of breach is based terminates

Question 18

Virginia’s Consumer Protection Act

Answer 18

date of discovery or when it should have been discovered by the exercise of due diligence

Question 19

malicious prosecution and abuse of process claims

Answer 19

begin running when the relevant criminal or civil action is terminated

Question 20

defamation

Answer 20

begins to run when the defamation occurs

Question 21

infancy or incapacitation

Answer 21

generally won’t begin until the disability is removed