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Generally an action for injury or death against any physician, health care provider or hospital arising out of patient care, must be brought within two years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the alleged injury. Wrongful death actions accrue at the time of death. For medical malpractice cases, claimants under the age of twelve and incompetents must bring an action within seven years of the date the injury was inflicted. Claimants twelve years of age or older and incompetents who are subsequently adjudged competent must bring an action within one year from reaching the age of majority or after the adjudication of competency, but not less than two years from the date of injury.
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.