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A medical malpractice action for injury or death must be filed within three years after the cause of action accrues. The statute states that the cause of action accrues on the date of the act or omission giving rise to the injury. However, in the case of a foreign object being left in the body, the cause of action accrues when the plaintiff discovers or reasonably should have discovered the harm. Actions for medical malpractice by a minor must be commenced within six years after the cause of action accrues or within three years after the minor reaches the age of majority, whichever occurs first. If a claimant is incompetent, the action does not accrue until the disability has been lifted.
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.