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Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

For medical malpractice claims brought against qualified providers (those who participate in the state sponsored excess insurance plan), an action for personal injuries or wrongful death must be brought within three years from the date when the alleged malpractice occurred. A minor under the age of six has until his ninth birthday to bring an action for medical malpractice. For those providers who do not participate in the state`s excess insurance plan, the three year general personal injury statute of limitation applies, which runs from the date the claimant knew or should have known of the injury and is tolled for minors and persons who are mentally incompetent.

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