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Statue of limitation for medical malpractice and medical records retention laws

So, I was wondering how long a person may have since the death of the loved one, to file a possible medical malpractice law suite. To be honest I always thought this would be around the same time as a medical records retention. However, I was surprised to find out that first of all each state has a different statue of limitations, second of all it is generally only 2.5 years.


"Generally speaking, New York law has a statute of limitations of 2.5 years (or 2 years and 6 months) for most medical malpractice claims. What this means is that a patient must file a lawsuit within 2.5 years from the date of the health care provider’s negligent act or omission that resulted in the patient’s injury."


Most states require medical records retention of at least 3 (min) to 10 years. The only state that does not require any medical records retention is West Virginia.


So, I was thinking, this does not make sense, as statue of limitation has to match the retention time laws. This also has to include retention of autopsy results. Why does it not?






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