What is the statute of limitations for filing a medical device injury claim?
The statute of limitations for filing a medical device injury claim in North Dakota is two years. According to the North Dakota Century Code Title 28, Section 28-01-46, an injured person has two years from the date of the injury to file a medical device injury claim. This two-year time period is known as the “statute of limitations” and if an injured person does not file a claim before the two-year window has expired, they will likely be barred from ever filing a claim. It is important to note that while the two-year statute of limitations is the same for all medical device injury claims, the actual filing date of a claim can vary depending on what state a person is filing in. In North Dakota, an injured person must file the complaint in the county where the injury occurred, or where the medical facility, clinic, or doctor was located. It is also important to keep in mind that if an injured person is a minor, they may have a longer period of time in which to file a medical device injury claim since a minor’s two-year time limit does not begin until they turn 18. In addition, if the medical device injury was caused by the negligence of another person or company, the injured party may have additional time to file a claim under North Dakota’s Comparative Negligence Statute. Therefore, it is important for any injured parties to be familiar with the specific filing rules and deadlines in their particular jurisdiction before filing a medical device injury claim.
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