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A medical malpractice action for injury or death must be commenced within two years form the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered. If at the time at which the cause of action shall or with reasonable diligence might have been first known or discovered, the claimant is six years of age or younger, an action may be brought within two years of the child`s sixth birthday or two years after the child`s death, whichever occurs first. If the action accrues while the child does not have a parent or legal guardian, the statute of limitations is tolled until the child has such parent or legal guardian, or until the claimant reaches the age of majority, whichever occurs first. If a claimant is of unsound mind at the time the cause of action accrues, the limitation period is tolled until two years after the disability is removed.
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.