Many states allow a longer period when the victim is a minor. While some states allow tolling for minors into adulthood, others have stricter laws. Virginia only allows the statute of limitations to be extended for minors under the age of eight. When a minor is harmed through a birth injury or another form of medical malpractice that occurs before they are eight years old, parents or guardians can file for medical malpractice until the child’s tenth birthday. Once a minor reaches the age of eight, any medical injuries are subject to the two-year time limit.