Interstate variability of the statute of limitations for medical liability: a cause for concern?

Background: Widespread variation in state laws produces significant differences in state-to-state liability risk and insurance cost. These variations may produce higher medical liability for certain pediatric practitioners because many states have a significantly longer period of potential liability for physicians caring for children. This study reviewed state laws for variability in the period of medical liability for pediatric and adult patients and considered some of the impacts resulting from such variability.

Methods: Statutes of limitations applicable to claims for medical malpractice were reviewed for all 50 states and the District of Columbia, as were laws that affect the statute of limitations based on a patient's age. For each state, the average, minimum, and maximum values for the statute of limitations in years were calculated for the following age groups: newborn, 6, 12, and 25 years.

Results: In most states, the length of time a claimant has to bring a claim is longer for the youngest patients and decreases as patients get older. In the United States, the average time to bring a claim in years for a newborn and those aged 6, 12, and 25 years was 12, 8, 5, and 2 years, respectively. The maximum time to bring a claim in years for a newborn and those aged 6, 12, and 25 years was 23, 17, 11, and 5 years, respectively.

Conclusions: States demonstrate significant variability in the duration and application of statutes of limitations, with younger patients typically having a longer period to file a liability lawsuit. In most regions, pediatric practitioners face increased liability risk based upon significantly longer limitation periods for minor patients. Studies have suggested that medical students are considering specialty liability risk when choosing careers. Increased liability risk faced by pediatric specialists may lead to fewer practitioners entering these fields. Extended periods of liability for pediatric specialists need additional study to evaluate the effects on liability insurance, specialty choice, and specialty care access.

Level Of Evidence: Descriptive study (audit of existing laws), level of evidence 2.