What is the toll cap for insane individuals in medical malpractice cases?

• A. 10-year toll cap
• B. 3-year toll cap
• C. 5-year toll cap
• D. No toll cap

Answer: (A)

In New York, when the plaintiff in a medical malpractice action is insane, the statute of limitations is tolled for the period of the disability, so the clock stops during the insanity. But there is a limit to how long that tolling can last—the total tolling due to insanity cannot exceed ten years. This means you can’t extend the deadline for filing beyond ten years of the onset of the disability, even if the insanity lasts longer. The other options would either impose a smaller fixed toll or allow unlimited tolling, which doesn’t match the rule.