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An action for medical malpractice must be commenced within two years after the cause of action accrues. In most cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. In such cases, the limitation period does not begin to run until the discovery of the injury is reasonably possible. Wrongful death cases must be filed within two years from the date of death. If the claimant is an unemancipated minor at the time the cause of action accrues, the limitation period is tolled until two years after he reaches the age of eighteen.
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.