What is the toll cap for infants in medical malpractice claims?

What is the toll cap for infants in medical malpractice claims?

• A. No toll cap for infants
• B. 5-year toll cap
• C. 15-year toll cap
• D. 10-year toll cap

Answer: (D)

Infants have their medical malpractice clock tolled while they are under 18, so the reason the answer is a 10-year cap is that there’s a maximum limit on how long tolling can continue. In New York, the time is paused for a minor, but the total period before you must sue cannot exceed 10 years from the date of the malpractice. So the tolling helps while the claimant is a child, but it cannot stretch the filing deadline beyond ten years overall. That’s why the 10-year toll cap is the correct concept.

Infants have their medical malpractice clock tolled while they are under 18, so the reason the answer is a 10-year cap is that there’s a maximum limit on how long tolling can continue. In New York, the time is paused for a minor, but the total period before you must sue cannot exceed 10 years from the date of the malpractice. So the tolling helps while the claimant is a child, but it cannot stretch the filing deadline beyond ten years overall. That’s why the 10-year toll cap is the correct concept.