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

By: LawInfo
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.

An action for medical malpractice generally must be brought within three years from the date of the last act giving rise to the cause of action or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act giving rise to the cause of action. Cases involving a foreign object left in the body must be brought within one year form the date of discovery, but no longer than ten years from the date of occurrence. Wrongful death actions must be commenced within the above time frames or within two years from death, whichever is shorter. The limitation periods are tolled for minority or insanity.

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