Infant toll includes a cap for medical malpractice; what is the cap?

Infant toll includes a cap for medical malpractice; what is the cap?

• A. 5 years
• B. 10 years
• C. 15 years
• D. 20 years

Answer: (B)

Infant toll lets a minor pause the statute of limitations, but for medical malpractice actions there is a hard upper limit on that pause. The time allowed from when the negligent act occurred to when the suit must be filed cannot exceed ten years. So even though a child could benefit from tolling up to adulthood, the claim must be brought within ten years of the malpractice. That’s why ten years is the cap.

Infant toll lets a minor pause the statute of limitations, but for medical malpractice actions there is a hard upper limit on that pause. The time allowed from when the negligent act occurred to when the suit must be filed cannot exceed ten years. So even though a child could benefit from tolling up to adulthood, the claim must be brought within ten years of the malpractice. That’s why ten years is the cap.