What You Need to Know About Medical Malpractice Statute of Limitations by State
A statute of limitations enforces a time period for any party to bring forth an act for legal proceedings. The purpose of the deadlines the statute of limitations set forth is to promote fair and accurate lawsuits, but the time frames vary depending on the nature of the offense. Most states set a two year deadline to file personal injury lawsuits from the date the incident occured. Since medical malpractice usually results in personal injury, the statute of limitations is typically two years. Certain states have exceptions or discovery rules, allowing a longer period to file if the person discovered the injury after the two year period.
Related: How to File a Medical Malpractice Lawsuit Without an Attorney
Individual State Medical Malpractice Statute of Limitations
| State | Code section | Statue of Limitation | Exception |
| Alabama | Ala. Code § 6-5-482 | 2 or 4 years | The discovery rule allows a six month extension to file for malpractice after the date the individual discovered the facts. The exception can only occur when the malpractice was not discovered and “could not reasonably have been discovered” during the first two years. The maximum time for filing a claim is four years from the date of the malpractice. |
| Alaska | Alaska Stat. § 09.10.070 | 2 years | – |
| Arizona | Ariz. Rev. Stat. § 12-542 | 2 years | – |
| Arkansas | Ark. Code § 16-114-203 | 3 years | – |
| California | Cal. Code § 340.5 | 1 or 3 years | 3 years after the date of the injury or 1 year after the date of discovery of malpractice |
| Colorado | Colo. Rev. Stat. § 13-80-102 | 2 years | – |
| Connecticut | Conn. Gen. Stat. § 52-584 | 2 or 3 years | Two years after the malpractice occurred or was discovered. Action founded upon a tort has a general three year deadline. |
| Delaware | Del. Code Ann. tit. 18 § 6856 | 2 or 3 years | The discovery rule allows an additional year to file for malpractice after the date the incident occured. The exception can only occur when the malpractice was not discovered and could not reasonably have been discovered during the first two years. The maximum time for filing a claim is three years from the date of the malpractice. |
| Florida | Fla. Stat. Ann. § 95.11. | 2 or 4 years | An individual must file a medical malpractice lawsuit within two years of discovering the injury. Florida sets a deadline of four years to file a lawsuit from the date the malpractice occurred. |
| Georgia | Ga. Code § 9-3-71 | 2 or 5 years | Georgia’s statute of repose allows a total of five years from the date of the malpractice to file a lawsuit if the malpractice was not and could not reasonably have been discovered during the first two years. |
| Hawaii | Haw. Rev. Stat. § 657-7.3 | 2 or 6 years | Hawaii’s statute of repose allows a total of six years from the date of the malpractice to file a lawsuit if the malpractice was not and could not reasonably have been discovered during the first two years. |
| Idaho | Idaho Code §§ 5-219(4), 5-230 | 2 years | – |
| Illinois | 735 ILCS 5/13-212 | 2 or 4 years | A person must file a medical malpractice lawsuit two years after the discovery of the injury. The statute of repose caps the deadline at four years from the date of the incident. |
| Indiana | Ind. Code § 34-18-7-1 | 2 years | – |
| Iowa | Iowa Code § 614.1(9) | 2 or 6 years | A person must file a medical malpractice lawsuit two years after the discovery of the injury. The statute of repose caps the deadline at six years from the date of the incident. |
| Kansas | Kan. § 60-513 | 2 years | – |
| Kentucky | Ky. Rev. Stat. § 413.140 | 1 year | – |
| Louisiana | La. Rev. Stat. § 9:5628 | 1 or 3 years | A person must file a medical malpractice lawsuit one years after the discovery of the injury. The statute of repose caps the deadline at three years from the date of the incident. |
| Maine | Me. Rev. Stat. tit. 24, § 2902 | 3 years | – |
| Maryland | Md. Code, Cts. & Jud. Proc, § 5-109 | 3 or 5 years | Maryland’s statute of limitations requires a person to file a medical malpractice lawsuit three years after the person discovered or should have reasonably discovered the injury. The maximum time for filing is five years from the date of the incident. |
| Massachusetts | Mass. Gen. Laws ch. 260, § 4 | 3 years | – |
| Michigan | Mich. Comp. Laws.§ 600.5838a | 2 or 6 years | Michigan’s statute of limitations requires an individual to file a medical malpractice lawsuit within two years of the incident. However, the state also offers a six month filing period after the harm is discovered, but it must occur within six years of the incident. |
| Minnesota | Minn. Stat. § 541.076 | 4 years | – |
| Mississippi | Miss. Code § 15-1-36 | 2 or 7 years | Individuals must file a medical malpractice lawsuit within two years of the incident. However, if the injury could not have been discovered within the time period with “reasonable diligence,” the maximum time is seven years from the date of the malpractice. |
| Missouri | Mo. Rev. Stat. § 516.105 | 2 or 10 years | Mississippi requires individuals to file a medical malpractice lawsuit within two years of the incident. However, if a foreign object left in the patient’s body or the accused failing to inform the patient of medical test results caused the injury, an individual has two years from the date of discovery to file a lawsuit. The maximum time period to file a claim is ten years from the date of the malpractice. |
| Montana | Mont. Code § 27-2-205 | 2 or 5 years | Montana allows an individual to file a medical malpractice lawsuit two years from the date of the incident or discovery of injury. The maximum time to make a claim is five years after the incident. |
| Nebraska | Neb. Rev. Stat. § 44-2828 | 2 years from the date medical malpractice occurred or one year from the date it was or should have been discovered – all within 10 years from the date of the medical malpractice | |
| Nevada | Nev. Rev. Stat. § 41A.097 | 2 or 4 years | Not more than 4 years after the date of injury or two years after the plaintiff discovers or through the use of reasonable silence should have discovered the injury, whichever occurs first |
| New Hampshire | N.H. Rev. Stat. § 508:4 | 3 years | An individual must bring a personal injury lawsuit within three years of the incident except “when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered” during the time period. Then, the statute of limitations gives the plaintiff three years from the date of discovery or when the injury should have reasonably been discovered. |
| New Jersey | N.J. Stat. § 2A:14-2 | 2 years | – |
| New Mexico | N.M. Stat. § 41-5-13 | 3 years | – |
| New York | N.Y. U.C.C. Law § 214-A | 2.5 years | – |
| North Carolina | N.C. Gen. Stat. § 25-1-101 | 3 years | According to North Carolina’s discovery rule, an individual must file a medical malpractice lawsuit within three years of the incident. North Carolina expects patients to file a claim within two years of the incident, but grants a one year extension if the individual could not have reasonably discovered the injury during the time period. |
| North Dakota | N.D. Cent. Code § 28-01-18 | 2 or 6 years | Usually 2 years from the date of incident, but the discovery rule allows an exception. If the injury was not or could not have been reasonably discovered within the time period, patients have an extension of two years. The maximum time is six years from the incident. |
| Ohio | Ohio Rev. Code § 2305.113 | 1 or 4 years | Ohio’s statute of repose allows a total of four years from the date of the malpractice to file a lawsuit if the malpractice was not and could not reasonably have been discovered during the first year. |
| Oklahoma | Okla. Stat. tit. 76, § 18 | 2 years | – |
| Oregon | Or. Rev. Stat. § 12.110 | 2 years | – |
| Pennsylvania | 42 Pa. Cons. Stat. § 5524 | 2 or 7 years | Pennsylvania’s statute of limitations allows a total of seven years from the date of the malpractice to file a lawsuit if the malpractice was not and could not reasonably have been discovered during the first two years. However, an individual still must file a lawsuit within two years of discovering the injury. |
| Rhode Island | 9 R.I. Gen. Laws § 9-1-14.1 | 3 years | – |
| South Carolina | S.C. Code Ann. § 15-3-545 | 3 or 6 years | South Carolina’s statute of limitations gives a person three years from the date of the medical malpractice to file a lawsuit. However, if the injury was not or could not have been reasonably discovered during this time, a person has three years from the date of discovery. The maximum time to file a medical malpractice claim is six years from the date of the incident. |
| South Dakota | S.D. Codified Laws § 57A-1-101 | 2 years | – |
| Tennessee | Tenn. Code Ann. § 47-1-101 | 1 or 3 years | Tennessee’s statute of limitations gives a person one year from the date the injury is discovered to file a medical malpractice lawsuit. However, the maximum time period for filing a claim is three years after the incident. |
| Texas | Tex. Bus. & Com. Code § 1.101 | 2 years | – |
| Utah | Utah Code § 70A 1-101 | 2 or 4 years | Utah’s statute of limitations requires individuals to file a medical malpractice lawsuit two years from the date they discover the injury. Utah also has a statute of repose requiring individuals to file a claim within four years of the incident. |
| Vermont | 12 V.S.A. § 521 | 2 or 7 years | Vermont’s statute of limitations requires individuals to file a medical malpractice lawsuit two years from the date they discover the injury. Vermont also has a statute of repose requiring individuals to file a claim within seven years of the incident. |
| Virginia | Va. Code § 8.01-229 | 2 or 10 years | Virginia’s statute of limitations requires individuals to file a medical malpractice lawsuit two years from the date the injury occured. Virginia also has a statute of repose requiring individuals to file a claim within ten years of the incident. |
| Washington | Wash. Rev. Code § 4.16.350 | 1 or 3 years | Washington requires individuals to file a medical malpractice lawsuit three years after the medical error or one year after it was or should have reasonably been discovered. |
| West Virginia | W. Va. Code § 55-7B-4 | 2 years | – |
| Wisconsin | Wis. Stat. § 893.55 | 1 or 3 years | Wisconsin requires individuals to file a medical malpractice lawsuit three years after the medical error or one year after it was or should have reasonably been discovered. |
| Wyoming | Wyo. Stat. Ann. § 1-3-107 | 2 years | – |
Related: Indecent Exposure Laws By State
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