A 4-year-old child developed a seizure disorder that may be related to a medication error that occurred 3 years ago. What is true of the statute of limitations in this case?
A) Depending upon the state, the statute of limitations might not begin to be calculated until the child reaches the age of majority.
B) Since the incident occurred over 2 years ago, the statute of limitations has expired.
C) There is no statute of limitations on medication errors that occur in children prior to the age of 2.
D) The statute of limitations in this case won't begin to be calculated until the child reaches the age of 13.

Question

Quizplus · Accepted Answer

Depending on the state, the statute of limitations in medical malpractice cases involving minors may not begin to run until the child reaches the age of majority (usually 18 years old). This is known as the "minority tolling rule." Therefore, even though the incident occurred over 2 years ago, the statute of limitations may not have expired yet.

A 4-Year-Old Child Developed a Seizure Disorder That May Be