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An action for medical malpractice must be commenced within two years from the date the injury is first discovered or in the exercise if reasonable care should have been discovered; however, no action may be brought more than five years from the date of treatment. The limitation periods are tolled for persons who are under the age of 18 or insane 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, nor shall it be extended longer than one year after the disability is lifted. A wrongful death action must be commenced within three years after the injury causing the death is discovered.
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.