Statutes Of Limitations
Medical malpractice and wrongful death actions must be brought within two years from the date of the incident or from the date when the incident was or should have been discovered. In no event may an action be commenced more than four years after the incident giving rise to the action, except that this fouryear period will not bar an action before the claimant's eighth birthday. Even in the case of fraud, concealment, or intentional misrepresentation preventing discovery, there is a maximum period of seven years or a child's eighth birthday. A claimant's incompetency tolls the statute, but the action must be brought within seven years of the incident.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- Attorneys' Fees
- Contributory Or Comparative Negligence
- Collateral Source Rule
- Damage Caps
- Expert Testimony
- Joint And Several Liability
- Patient Compensation Funds And Physician Insurance
- Periodic Payments
- Pre-Judgment Interest
- Vicarious Liability