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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.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.
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