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Essay / Research Paper Abstract
A 3 page paper that discusses the medical malpractice statute of limitations laws in Connecticut and Florida. Bibliography lists 4 sources.
Page Count:
3 pages (~225 words per page)
File: MM12_PGmdmpl.rtf
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Unformatted sample text from the term paper:
limitations sets a period of time beyond which a lawsuit cannot be filed." The timeline differs by the issue and circumstances of the specific case and by state. In
Florida, pursuant to Florida Statute 95.11(4)(b), a lawsuit involving medical malpractice must be filed within two years of the incident of malpractice or within two years of the discovery of
the malpractice (McMillen Law Firm, 2006). In any event, a medical malpractice lawsuit may not be filed later than four years following the incident of malpractice (McMillen Law Firm, 2006).
However, in certain instances that involve a minor, the malpractice lawsuit must be filed by the childs eighth birthday (McMillen Law Firm, 2006). As Morgan (2006) points out the statute
of limitation is two years - that two years begins the date of the incident or the date the injury related to that event was discovered. Unfortunately, the law
is not quite that simple because the aforementioned Florida Statute names 2, 4, 7, and 8 years in terms of time periods (Morgan, 2006). The references to 4, 7 and
8 years actually refer to the statute of repose, which is "a period of time that always begins on the date of the alleged incident of malpractice and then runs
for a defined period of time" (Morgan, 2006). The 7 year time period applies when a case could not be discovered because of fraud or concealment (Morgan, 2006). And, the
8 year limitation relates to children (Morgan, 2006). Floridas statute of limitations in these cases is much longer than Connecticuts laws. The statute of limitations for medical malpractice is three
years in Connecticut, two years from the date of the event or when the injury was discovered (Larson, 2004). There is no extension for cases involving minors (Larson, 2004). That
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