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Medical malpractice claims for injury or death must be brought within two years after the date on which the claimant knew, or through the use of reasonable diligence should have known of the injury or death, whichever of the dates occurs first. In no event shall any action be brought more than six years after the date on which the alleged wrongful act occurred, unless a foreign object unintentionally left in the body caused the injury or death.
An action brought on behalf of a minor who was under the age of eight years when the alleged wrongful act occurred shall be commenced no later than the minor`s tenth birthday or as provided above, whichever is later. The times limited are extended in favor of persons with mental illness, so that they have one year from the termination of the disability within which to commence an action.
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.