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A medical malpractice action for personal injury or wrongful death must be brought within four years after the date of injury or two years from the date the injury was or should have been discovered. Claims by a parent or guardian on behalf of a minor are governed by the above limitations. However, when a minor suffers brain damage or birth defects, the period is extended until the minor reaches the age of ten and a claim for sterility may be brought within two years from the child discovering the injury. The limitation period is tolled for claimants who are mentally incapacitated or minor wards of the state.
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.