Rhode Island Court Clarifies When Minor May Bring Medical Malpractice Lawsuit

Minors injured by medical malpractice have up to three years after reaching age 18 to bring their lawsuits, but a claim brought on a minor’s behalf must be commenced within three years of the alleged negligence, a state court held May 19 (Ho-Rath v. R.I. Hosp., 2015 BL 154109, R.I., 2012-208-Appeal, 5/19/15).

The Rhode Island Supreme Court, deciding an issue of first impression in the state, clarified that a statute of limitation’s tolling provision doesn’t permit a minor’s parents to bring suit on her behalf more than three years after the malpractice occurred, though the minor herself ...