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In the case of medical malpractice, the statute of limitation was changed in 1999 from two years to four years from accrual of the cause of action. The date on which the fouryear period commences can vary depending on the circumstances of the case. If the malpractice resulted in a wrongful death, the limitation period is three years from the date of death or four years from the malpractice, whichever occurs first. The limitation period is tolled during a claimant`s insanity. When the claimant is a minor, an action must be commenced within seven years from the date of occurrence, or one year after the claimant reaches the age of majority.
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.