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Notwithstanding the above, medical malpractice claims must be brought within two years from the date the cause of action accrues. When the malpractice case involves a foreign object left in the body and in cases of fraud or concealment, the limitation period is extended to one year from the date of discovery of the object or injury. The extension is subject to a tenyear limit from the time the cause of action accrued. If a claimant is under the age of eight, the action must be brought by the child`s tenth birthday unless the discovery provision applies. The statute is tolled for claimants who are incapacitated with no guardian appointed.
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.