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A medical malpractice action generally must be brought within two years from the date of injury or from the date of discovery, but never more than six years from the date of injury. Wrongful death actions alleging malpractice must be commenced within two years from the date of death. The limitation periods are tolled for persons who are under the age of 18, insane or imprisoned at the time of accrual of the cause of action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging malpractice, the extension of the limitation due to infancy is limited to twelve years. Suits against political subdivisions must be brought within three years from accrual of the cause of action.
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.