Which statement correctly states the general statute of limitations for medical malpractice and its exceptions?

Which statement correctly states the general statute of limitations for medical malpractice and its exceptions?

• A. Two and a half years from the date of malpractice, with exceptions for continuous treatment and the foreign object rule (1 year from discovery, if later than 2.5 years)
• B. Three years from termination of services
• C. Two and a half years from the date of malpractice, with exceptions for continuous treatment.
• D. Six years from payment of judgment

Answer: (C)

Medical malpractice claims are generally governed by a two-and-a-half-year period that begins when the malpractice occurs. The important twist is tolling for ongoing care: if you are continuously treated by the same provider for the same condition, the clock is paused during that period. Once the treatment ends, the clock resumes, giving you the remainder of the two-and-a-half years to sue. This combination—two-and-a-half years from the date of the malpractice, with tolling for continuous treatment—is the standard rule being tested. That’s why the statement that reflects two-and-a-half years from the date of malpractice with an exception for continuous treatment is the best choice. The other options misstate when the period runs or how long it lasts—for example, starting from termination of services or from a judgment payment, or invoking a discovery-type rule that isn’t part of the general rule here.

Medical malpractice claims are generally governed by a two-and-a-half-year period that begins when the malpractice occurs. The important twist is tolling for ongoing care: if you are continuously treated by the same provider for the same condition, the clock is paused during that period. Once the treatment ends, the clock resumes, giving you the remainder of the two-and-a-half years to sue. This combination—two-and-a-half years from the date of the malpractice, with tolling for continuous treatment—is the standard rule being tested.

That’s why the statement that reflects two-and-a-half years from the date of malpractice with an exception for continuous treatment is the best choice. The other options misstate when the period runs or how long it lasts—for example, starting from termination of services or from a judgment payment, or invoking a discovery-type rule that isn’t part of the general rule here.