Which of the following is an exception to the standard 2-year medical malpractice statute of limitations?

• A. The injury was caused by a non-medical incident.
• B. Plaintiff is under a disability or age which prevents filing.
• C. The case is filed in a different state.
• D. The plaintiff waived the right.

Answer: (B)

The main concept is tolling of the statute of limitations. In medical malpractice cases, the clock usually runs for two years, but it can be paused when the plaintiff cannot file because of age or disability. If someone is a minor or legally disabled, they’re protected from losing the right to sue simply because they couldn’t act in time. The tolling lasts until they reach the age of majority or the disability ends, after which the filing period resumes.

This is the best answer because it directly addresses how the standard deadline is extended in specific, legally recognized circumstances. The other scenarios don’t create an automatic exception to the two-year limit: an injury arising from a non-medical incident isn’t an exception to a medical malpractice deadline; moving the case to a different state can involve borrowing statutes or different rules but isn’t itself an automatic tolling of the original deadline; and waiving rights does not extend the time to sue.