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I need to know for a law and ethics class

2007-02-21 04:46:08 · 1 answers · asked by ooh2sweet2b 2 in Politics & Government Law & Ethics

1 answers

Statutes of Limitations

Medical malpractice suits must be brought within three years from the date of the last act of the defendant giving rise to the cause of action or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act of defendant giving rise to the cause of action. N.C. Gen. Stat. §§ 1-15 and 1-52(16) (1996). Foreign object cases must be brought within one year from the date of discovery, but no longer than ten years from the date of the occurrence. N.C. Gen. Stat. § 1-15 (1996). Wrongful death actions based on alleged medical malpractice must be brought within the foregoing period or within two years from death, whichever is shorter. N.C. Gen. Stat. § 1-53 (1996).

For malpractice actions on behalf of minors, the same rules apply, except the child's action (but not the parents' action for medical expenses) may also be brought any time before the child's nineteenth birthday. N.C. Gen. Stat. § 1-17 (1996). A claimant's insanity tolls the limitation statute. Id.

2007-02-21 04:53:23 · answer #1 · answered by jurydoc 7 · 1 0

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