Quick answer: Medical Malpractice deadlines range from 1 year (Kentucky) to 5 years (Maryland). Exact periods, citations and exceptions for every state are listed below.

Data last reviewed: October 2026. General information, not legal advice.

Shortest
1 Year
KY, LA, OH, TN
Most Common
2 Years
29 states
Longest
5 Years
MD

Medical Malpractice statute of limitations map

Each tile is a state; color shows the medical malpractice filing period. Click a state for details.

All State Deadlines — Medical Malpractice

State ↕Years to File ↑Official StatuteKey Exception
Kentucky1 yrKy. Rev. Stat. Ann. § 413.140(1)(e)5-year statute of repose from date of act
Louisiana1 yrLa. Rev. Stat. Ann. § 9:56283-year statute of repose from date of act
Ohio1 yrOhio Rev. Code § 2305.1134-year statute of repose from date of act
Tennessee1 yrTenn. Code Ann. § 29-26-1163-year statute of repose from date of act
Alabama2 yrAla. Code § 6-5-4824-year statute of repose from date of act
Alaska2 yrAlaska Stat. § 09.10.07010-year statute of repose from date of act
Arizona2 yrAriz. Rev. Stat. § 12-542.013-year statute of repose from date of act
Arkansas2 yrArk. Code Ann. § 16-114-203Discovery rule: runs from date patient knew or should have known
Colorado2 yrColo. Rev. Stat. § 13-80-102.53-year statute of repose from date of act
Connecticut2 yrConn. Gen. Stat. § 52-5843-year statute of repose from date of act
Delaware2 yrDel. Code Ann. tit. 18, § 68563-year statute of repose from date of act
Florida2 yrFla. Stat. § 95.11(4)(b)4-year statute of repose from date of incident
Georgia2 yrO.C.G.A. § 9-3-715-year statute of repose from date of negligence
Hawaii2 yrHaw. Rev. Stat. § 657-7.36-year statute of repose from date of act
Idaho2 yrIdaho Code § 5-219(4)Discovery rule applies — runs from date of discovery
Illinois2 yr735 Ill. Comp. Stat. 5/13-2124-year statute of repose from date of act
Indiana2 yrInd. Code § 34-18-7-1Must file with Indiana Department of Insurance before suing
Iowa2 yrIowa Code § 614.1(9)6-year statute of repose from date of act
Kansas2 yrKan. Stat. Ann. § 60-513(a)(7)4-year statute of repose from date of act
Michigan2 yrMich. Comp. Laws § 600.5838a6-year statute of repose from date of act
Mississippi2 yrMiss. Code Ann. § 15-1-367-year statute of repose from date of act
Missouri2 yrMo. Rev. Stat. § 516.105⚠️ Shortened from 5 years to 2 years effective August 28, 2025
Nebraska2 yrNeb. Rev. Stat. § 44-282810-year statute of repose from date of act
New Jersey2 yrN.J. Stat. Ann. § 2A:14-2Affidavit of Merit required within 60 days of filing
North Dakota2 yrN.D. Cent. Code § 28-01-18(3)6-year statute of repose from date of act
Oklahoma2 yrOkla. Stat. tit. 76, § 187-year statute of repose from date of act
Oregon2 yrOr. Rev. Stat. § 12.110(4)5-year statute of repose from date of act
Pennsylvania2 yr42 Pa. Cons. Stat. § 5524(2)7-year statute of repose from date of act
South Dakota2 yrS.D. Codified Laws § 15-2-14.15-year statute of repose from date of act
Texas2 yrTex. Civ. Prac. & Rem. Code § 74.251Hard 10-year repose cap from date of act
Virginia2 yrVa. Code Ann. § 8.01-243(A)Expert certification required within 10 months of filing
West Virginia2 yrW. Va. Code § 55-7B-410-year statute of repose from date of act
Wyoming2 yrWyo. Stat. Ann. § 1-3-107Discovery rule: 2 years from discovery if earlier than the act-based period
New York2.5 yrN.Y. C.P.L.R. § 214-aDiscovery rule for foreign objects: 1 year from discovery
California3 yrCal. Civ. Proc. Code § 340.53-year repose cap from date of injury
District of Columbia3 yrD.C. Code § 12-301(8)5-year statute of repose from date of act
Maine3 yrMe. Rev. Stat. tit. 24, § 2902Discovery rule applies with a 3-year limit
Massachusetts3 yrMass. Gen. Laws ch. 260, § 47-year statute of repose from date of act
Montana3 yrMont. Code Ann. § 27-2-2055-year statute of repose from date of act
Nevada3 yrNev. Rev. Stat. § 41A.097(2)3-year statute of repose from date of injury
New Hampshire3 yrN.H. Rev. Stat. Ann. § 507-C:4No absolute repose cap in New Hampshire
New Mexico3 yrN.M. Stat. Ann. § 41-5-13Medical review panel required before suing
North Carolina3 yrN.C. Gen. Stat. § 1-15(c)4-year statute of repose from date of last act
Rhode Island3 yrR.I. Gen. Laws § 9-1-14.17-year statute of repose from date of act
South Carolina3 yrS.C. Code Ann. § 15-3-5456-year statute of repose from date of act
Vermont3 yrVt. Stat. Ann. tit. 12, § 5217-year statute of repose from date of act
Washington3 yrWash. Rev. Code § 4.16.3508-year statute of repose from date of act
Wisconsin3 yrWis. Stat. § 893.55(1m)5-year statute of repose from date of act
Minnesota4 yrMinn. Stat. § 541.076⚠️ Shortened from 4 years to 2 years effective August 1, 2025
Utah4 yrUtah Code Ann. § 78B-3-4044-year repose from date of act is also the limitations period
Maryland5 yrMd. Code Ann., Cts. & Jud. Proc. § 5-1095-year repose from date of act, OR 3 years from discovery, whichever is shorter

How the deadlines are distributed

Of 51 jurisdictions, 4 give 1 year, 29 give 2 years, 1 give 2.5 years, 14 give 3 years, 2 give 4 years, 1 give 5 years.

Shortest and longest deadlines

Shortest

Longest

By region (U.S. Census regions)

RegionAverageShortestLongest
Northeast2.6 years2 years3 years
Midwest2.2 years1 year4 years
South2.2 years1 year5 years
West2.5 years2 years4 years

What Does Medical Malpractice Cover?

  • Surgical errors and wrong-site surgery
  • Misdiagnosis or delayed diagnosis
  • Medication errors and dosage mistakes
  • Birth injuries to mother or child
  • Anesthesia errors
  • Hospital-acquired infections from negligence
  • Failure to monitor or treat properly
  • Premature discharge causing harm

Key Rules That Affect Your Deadline

⏰ Discovery Rule

In many states, especially for medical malpractice claims, the clock doesn't start until you discovered (or reasonably should have discovered) the harm. This is especially important when injuries aren't immediately obvious.

👶 Minors & Incapacity

Most states pause (toll) the statute of limitations while the victim is under 18. The clock typically starts running on their 18th birthday. Similar rules may apply to those who are mentally incapacitated.

🏛️ Government Entities

Suing a city, county, or state agency? Most states require a "Notice of Claim" filed within 60–180 days of the incident — before you can even file a lawsuit. Missing this shorter deadline can permanently bar your claim.

🔒 Fraudulent Concealment

If the defendant actively hid their wrongdoing, courts may extend your deadline. This is called "equitable tolling" due to fraudulent concealment. You generally must show you acted diligently to discover the claim.

Most Searched States — Medical Malpractice

California

Cal. Civ. Proc. Code § 340.5

3-year repose cap from date of injury

3 yr

Texas

Tex. Civ. Prac. & Rem. Code § 74.251

Hard 10-year repose cap from date of act

2 yr

Florida

Fla. Stat. § 95.11(4)(b)

4-year statute of repose from date of incident

2 yr

New York

N.Y. C.P.L.R. § 214-a

Discovery rule for foreign objects: 1 year from discovery

2.5 yr

Pennsylvania

42 Pa. Cons. Stat. § 5524(2)

7-year statute of repose from date of act

2 yr

Illinois

735 Ill. Comp. Stat. 5/13-212

4-year statute of repose from date of act

2 yr

Ohio

Ohio Rev. Code § 2305.113

4-year statute of repose from date of act

1 yr

Georgia

O.C.G.A. § 9-3-71

5-year statute of repose from date of negligence

2 yr

North Carolina

N.C. Gen. Stat. § 1-15(c)

4-year statute of repose from date of last act

3 yr

Michigan

Mich. Comp. Laws § 600.5838a

6-year statute of repose from date of act

2 yr

Other Case Types

Filing deadlines vary significantly by the type of legal claim. Explore deadlines for other case types across all 50 states.

More Comparisons

Helpful Guides

Medical Malpractice statute of limitations: common questions

It depends on the state. Medical Malpractice deadlines run from 1 year (Kentucky, Louisiana, Ohio and 1 more) to 5 years (Maryland), with a median of 2 years.

Kentucky, Louisiana, Ohio and Tennessee give just 1 year.

Maryland give 5 years, the longest in this dataset.

Not always. In 49 of 51 jurisdictions the medical malpractice start rule in our data refers to discovery of the harm. Check the state page for the exact accrual rule.

Use the table above or the map to open your state's page, which lists the statute citation, when the clock starts and common exceptions.

Terms used on this page

Accrual
Accrual is the moment a legal claim is considered to "begin" for deadline purposes, usually the date of injury or breach, though some states start the clock later.
Discovery rule
A rule that delays the start of the clock until the plaintiff knew, or reasonably should have known, about the harm and its cause.
Tolling
A legal pause or extension of the filing deadline, for example while a plaintiff is a minor or the defendant hides the wrong.
Statute of repose
An absolute cut-off, measured from an event such as a sale or a treatment, after which a claim is barred even if the harm has not yet been discovered.

Open the full legal glossary →

Cite or share this page

StatuteLimits.com. "Medical Malpractice Statute of Limitations by State (2026)." Reviewed October 2026. https://www.statutelimits.com/case-types/medical-malpractice

Don't Risk Missing Your Deadline

Statute of limitations rules for medical malpractice cases are complex. Exceptions, tolling rules, and government notice requirements can significantly change your actual deadline.

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⚠️ Legal Disclaimer: This website provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change frequently. Always verify the current law and consult a licensed attorney in your state before making any legal decisions.