Errors by doctors, nurses, hospitals, or other healthcare providers. Deadlines range from 1 to 5 years depending on the state.
✓ All 50 states + D.C. — Updated 2026Quick 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.
Each tile is a state; color shows the medical malpractice filing period. Click a state for details.
| State ↕ | Years to File ↑ | Official Statute | Key Exception |
|---|---|---|---|
| Kentucky | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(e) | 5-year statute of repose from date of act |
| Louisiana | 1 yr | La. Rev. Stat. Ann. § 9:5628 | 3-year statute of repose from date of act |
| Ohio | 1 yr | Ohio Rev. Code § 2305.113 | 4-year statute of repose from date of act |
| Tennessee | 1 yr | Tenn. Code Ann. § 29-26-116 | 3-year statute of repose from date of act |
| Alabama | 2 yr | Ala. Code § 6-5-482 | 4-year statute of repose from date of act |
| Alaska | 2 yr | Alaska Stat. § 09.10.070 | 10-year statute of repose from date of act |
| Arizona | 2 yr | Ariz. Rev. Stat. § 12-542.01 | 3-year statute of repose from date of act |
| Arkansas | 2 yr | Ark. Code Ann. § 16-114-203 | Discovery rule: runs from date patient knew or should have known |
| Colorado | 2 yr | Colo. Rev. Stat. § 13-80-102.5 | 3-year statute of repose from date of act |
| Connecticut | 2 yr | Conn. Gen. Stat. § 52-584 | 3-year statute of repose from date of act |
| Delaware | 2 yr | Del. Code Ann. tit. 18, § 6856 | 3-year statute of repose from date of act |
| Florida | 2 yr | Fla. Stat. § 95.11(4)(b) | 4-year statute of repose from date of incident |
| Georgia | 2 yr | O.C.G.A. § 9-3-71 | 5-year statute of repose from date of negligence |
| Hawaii | 2 yr | Haw. Rev. Stat. § 657-7.3 | 6-year statute of repose from date of act |
| Idaho | 2 yr | Idaho Code § 5-219(4) | Discovery rule applies — runs from date of discovery |
| Illinois | 2 yr | 735 Ill. Comp. Stat. 5/13-212 | 4-year statute of repose from date of act |
| Indiana | 2 yr | Ind. Code § 34-18-7-1 | Must file with Indiana Department of Insurance before suing |
| Iowa | 2 yr | Iowa Code § 614.1(9) | 6-year statute of repose from date of act |
| Kansas | 2 yr | Kan. Stat. Ann. § 60-513(a)(7) | 4-year statute of repose from date of act |
| Michigan | 2 yr | Mich. Comp. Laws § 600.5838a | 6-year statute of repose from date of act |
| Mississippi | 2 yr | Miss. Code Ann. § 15-1-36 | 7-year statute of repose from date of act |
| Missouri | 2 yr | Mo. Rev. Stat. § 516.105 | ⚠️ Shortened from 5 years to 2 years effective August 28, 2025 |
| Nebraska | 2 yr | Neb. Rev. Stat. § 44-2828 | 10-year statute of repose from date of act |
| New Jersey | 2 yr | N.J. Stat. Ann. § 2A:14-2 | Affidavit of Merit required within 60 days of filing |
| North Dakota | 2 yr | N.D. Cent. Code § 28-01-18(3) | 6-year statute of repose from date of act |
| Oklahoma | 2 yr | Okla. Stat. tit. 76, § 18 | 7-year statute of repose from date of act |
| Oregon | 2 yr | Or. Rev. Stat. § 12.110(4) | 5-year statute of repose from date of act |
| Pennsylvania | 2 yr | 42 Pa. Cons. Stat. § 5524(2) | 7-year statute of repose from date of act |
| South Dakota | 2 yr | S.D. Codified Laws § 15-2-14.1 | 5-year statute of repose from date of act |
| Texas | 2 yr | Tex. Civ. Prac. & Rem. Code § 74.251 | Hard 10-year repose cap from date of act |
| Virginia | 2 yr | Va. Code Ann. § 8.01-243(A) | Expert certification required within 10 months of filing |
| West Virginia | 2 yr | W. Va. Code § 55-7B-4 | 10-year statute of repose from date of act |
| Wyoming | 2 yr | Wyo. Stat. Ann. § 1-3-107 | Discovery rule: 2 years from discovery if earlier than the act-based period |
| New York | 2.5 yr | N.Y. C.P.L.R. § 214-a | Discovery rule for foreign objects: 1 year from discovery |
| California | 3 yr | Cal. Civ. Proc. Code § 340.5 | 3-year repose cap from date of injury |
| District of Columbia | 3 yr | D.C. Code § 12-301(8) | 5-year statute of repose from date of act |
| Maine | 3 yr | Me. Rev. Stat. tit. 24, § 2902 | Discovery rule applies with a 3-year limit |
| Massachusetts | 3 yr | Mass. Gen. Laws ch. 260, § 4 | 7-year statute of repose from date of act |
| Montana | 3 yr | Mont. Code Ann. § 27-2-205 | 5-year statute of repose from date of act |
| Nevada | 3 yr | Nev. Rev. Stat. § 41A.097(2) | 3-year statute of repose from date of injury |
| New Hampshire | 3 yr | N.H. Rev. Stat. Ann. § 507-C:4 | No absolute repose cap in New Hampshire |
| New Mexico | 3 yr | N.M. Stat. Ann. § 41-5-13 | Medical review panel required before suing |
| North Carolina | 3 yr | N.C. Gen. Stat. § 1-15(c) | 4-year statute of repose from date of last act |
| Rhode Island | 3 yr | R.I. Gen. Laws § 9-1-14.1 | 7-year statute of repose from date of act |
| South Carolina | 3 yr | S.C. Code Ann. § 15-3-545 | 6-year statute of repose from date of act |
| Vermont | 3 yr | Vt. Stat. Ann. tit. 12, § 521 | 7-year statute of repose from date of act |
| Washington | 3 yr | Wash. Rev. Code § 4.16.350 | 8-year statute of repose from date of act |
| Wisconsin | 3 yr | Wis. Stat. § 893.55(1m) | 5-year statute of repose from date of act |
| Minnesota | 4 yr | Minn. Stat. § 541.076 | ⚠️ Shortened from 4 years to 2 years effective August 1, 2025 |
| Utah | 4 yr | Utah Code Ann. § 78B-3-404 | 4-year repose from date of act is also the limitations period |
| Maryland | 5 yr | Md. Code Ann., Cts. & Jud. Proc. § 5-109 | 5-year repose from date of act, OR 3 years from discovery, whichever is shorter |
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.
| Region | Average | Shortest | Longest |
|---|---|---|---|
| Northeast | 2.6 years | 2 years | 3 years |
| Midwest | 2.2 years | 1 year | 4 years |
| South | 2.2 years | 1 year | 5 years |
| West | 2.5 years | 2 years | 4 years |
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.
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.
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.
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.
Filing deadlines vary significantly by the type of legal claim. Explore deadlines for other case types across all 50 states.
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.
StatuteLimits.com. "Medical Malpractice Statute of Limitations by State (2026)." Reviewed October 2026. https://www.statutelimits.com/case-types/medical-malpractice
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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