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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.
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.