Alaska:
Records Retention: 9 years or age 21 – whichever is longer.
Statute of Limitations: Medical malpractice actions must be commenced within two years of the date the person discovers, or should have discovered, the existence of the cause of action. A minor injured by medical malpractice must file suit within two years plus one day of his or her eighteenth birthday, or within two years plus one day of the date of the minor’s marriage. (With court approval, a minor in Alaska can be married at the age of 14.) There is a seven (7) year statute of repose.
Arizona:
Records Retention: 8 years or age 21 – whichever is longer.
Statute of Limitations: Medical malpractice actions must be commenced within two (2) years from the date of injury. An injured minor must file suit within two years of his or her eighteenth birthday. There is no statute of repose due to case law.
Montana:
Records Retention: 7 years
Statute of Limitations: Medical malpractice actions must be commenced within three (3) years from the reasonable date of discovery to a maximum of five years following the date of the act or omission giving rise to the claim. This rule applies to minors aged four years and older. In medical malpractice cases involving children under the age of four, the statute of limitations begins to run on the minor’s eighth birthday.
Oregon:
Records Retention: 7 years or age 25 – whichever is longer.
Statute of Limitations: Medical malpractice actions must be commenced within two (2) years from the date of the wrongful act or omission, or within two (2) years of the date the injury was or reasonably should have been discovered. No medical malpractice action may be filed more than five (5) years from the date of the act or omission giving rise to the injury, regardless of when the injury is discovered. Under Oregon law, the statute of limitations begins to run on a minor’s eighteenth birthday, but the five (5) year statute of repose remains applicable such that no claim may be filed more than five (5) years from the date of the act or omission giving rise to the injury.
Tennessee:
Records Retention: 10 years or age 21 – whichever is longer.
Statute of Limitations: The statute of limitations in medical malpractice actions is one (1) year following the date of the event or incident giving rise to the injury, or one (1) year from the date of the discovery of the injury, but in no event may a medical malpractice action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant. In the event of fraudulent concealment, a medical malpractice action must be commenced within one (1) year after discovery that the cause of action exists. For actions involving a foreign object which has been negligently left in a patient’s body, the action shall be commenced within one (1) year after the injury or wrongful act is discovered or should have been discovered. Under Tennessee law, the statute of limitations begins to run on a minor’s eighteenth birthday.