Action to Recover Damages for Injuries

An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced with one (1) year from the date when the injury is first discovered; provided, that such action shall be commenced within three (3) years from the date of treatment, omission or operation upon which the action is based. SOURCE: CCP § 349 added by P.L. 13-116:4 (Dec. 24, 1975), amended by P.L. 15-106:7 (Mar. 5, 1980). NOTE: Section 8 of P.L. 15-106 provides that this section shall apply prospectively only and that no action or defense pending on the effective date shall be affected thereby.