(a) No claim, whether in contract or tort, may be brought against a health care provider based upon professional services or health care rendered or which should have been rendered unless filed within two (2) years from the date of the alleged act, omission or neglect except that for such a claim against a health care provider for malpractice arising from a foreign object being left in a patient's body the time within which the claim must be filed shall be computed from the time the plaintiff discovers the presence of the foreign object or discovers facts which would reasonably lead to the discovery of the presence of the foreign object; Provided, That any malpractice claim brought under this subchapter may be filed within two years of the last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the alleged act, omission or neglect; Provided further, That a toll of the statute of limitations shall operate for any period during which the health care provider had actual knowledge of any act, omission or neglect or knowledge of facts which would reasonably indicate such act, omission or neglect which is the basis for a malpractice claim and failed to disclose such fact to the patient.
(b) Notwithstanding subsection (a) of this section and Title 5, section 36, Virgin Islands Code, a minor shall have until his sixth birthday to file a claim under this subchapter, or the period described in subsection (a) of this section, whichever period is longer.
(c) Notwithstanding Title 5, Virgin Islands Code, section 36, any claim by a person, other than a minor, under legal disability to file a claim against a health care provider stemming from professional services or health care rendered, whether in contract or tort, based on an alleged act or omission or neglect which occurred prior to the effective date of this subchapter, shall be brought only within the longer of—
(1) Two (2) years of the effective date of this subchapter, or
(2) The period described in subsection (a) of this section.