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Medical malpractice claims generally must be brought within three years from the date of occurrence or within one year after the discovery of the alleged negligent act or omission, whichever is later, but not later than eight years from the date of the occurrence. An action for wrongful death must be commenced within three years from the date of death. When the malpractice case involves a foreign object left in the body, fraud or intentional concealment, the limitation period is tolled. If a claimant is a minor, mentally incompetent or imprisoned at the time the cause of action accrues; the limitation period is tolled until the disability is removed.
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.