Medical claims typically carry periods of one to three years, with discovery rules, continuous treatment doctrines, foreign object exceptions, and statutes of repose modifying accrual.
Minority tolling operates differently in medical claims in several states.
Alternative Names:
Medical Malpractice Limitations, Medical SOL
Why it Matters?
The interaction of multiple modifying doctrines makes these calculations error-prone, since a claim may be barred under the basic period but preserved by continuous treatment, then cut off by a repose statute regardless. Working through each doctrine in sequence rather than applying the period from the treatment date is the necessary analysis. Repose periods are the outer limit that discovery rules cannot extend.
Frequently Confused with
Related terms
Frequently asked questions
Why are these calculations error-prone?
What is the outer limit?
