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An action based on medical malpractice may be brought within the longer of two years from the date of the act or omission giving rise to the claim or six months from the date the claimant discovers or should have discovered the existence of the claim. In no instance may a medical malpractice claim be brought more than six years after the act or omission giving rise to the claim. The sixyear period is inapplicable if discovery of the claim was prevented by the fraudulent conduct of the health care provider or the injury involved the claimant`s reproductive system. If a claimant is insane at the time his medical malpractice action accrues, he is allowed one year after the disability is removed to file the action. A claimant less than eight years old may file any time before his tenth birthday, and a claimant less than thirteen years old whose claim involves damage to the reproductive system may file any time before his fifteenth birthday.
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.