Harris v. DiMattina

In these appeals of judgments entered in medical malpractice actions, we consider whether the trial courts erred in sustaining pleas of the statute of limitations. The parties in both cases agree that the two-year limitation of Code § 8.01-243(A) applies. They disagree regarding the effect of the 1993 amendment to Code § 8.01-581.2, which eliminated the “notice of claim” requirement, and the effect of the repeal of former Code § 8.01-581.9, which contained certain tolling provisions.

Prior to its amendment in 1993, former Code § 8.01-581.2 provided, in part:

*310No action may be brought for…