How malpractice deadlines, repose periods, and expert requirements compare across all 50 states — and what it means for patients.
The shortest medical malpractice limitations period in the nation. KRS §413.140. From discovery or act — one year, with very limited exceptions. Kentucky is consistently ranked among the most restrictive states for malpractice plaintiffs.
Kentucky Malpractice Details →Ohio's medical malpractice limitations period is 1 year from discovery, with a 4-year repose. This combination makes Ohio one of the most plaintiff-unfriendly states for medical claims.
Ohio Malpractice Details →Tennessee combines a 1-year limitations period with a 3-year repose and a mandatory presuit notice requirement — a triple layer of procedural hurdles for malpractice plaintiffs.
Tennessee Malpractice Details →Minnesota's 4-year malpractice period with no repose period is one of the most plaintiff-friendly in the nation. Patients have substantially more time to investigate and consult experts before filing.
Minnesota Malpractice Details →Maine's 3-year limitations period with no absolute repose cap gives malpractice patients relatively strong protections. The discovery rule applies broadly.
Maine Malpractice Details →Maryland allows 5 years from the act or 3 years from discovery, whichever is shorter — but the from-act period of 5 years is longer than most states' repose periods.
Maryland Malpractice Details →| State | Limitations Period | Repose Period | Expert Requirement |
|---|---|---|---|
| Alabama | 2 years from discovery | 4 years from act | Expert affidavit required |
| Alaska | 2 years from discovery | 10 years from act | No pre-filing requirement |
| Arizona | 2 years from discovery | None | No pre-filing requirement |
| Arkansas | 2 years from act/discovery | None | No pre-filing requirement |
| California | 3 yrs from act OR 1 yr from discovery | 3 years (whichever shorter) | No pre-filing requirement |
| Colorado | 2 years from discovery | 3 years from act | Certificate of review required |
| Connecticut | 2 years from discovery | 3 years from act | Good faith certificate required |
| Florida | 2 years from discovery | 4 years (7 for concealment) | Presuit investigation required |
| Georgia | 2 years from discovery | 5 years from act | Expert affidavit required at filing |
| Illinois | 2 years from discovery | 4 years from act | Affidavit of merit required |
| Indiana | 2 years from act/discovery | None | Medical review panel required |
| Kentucky | 1 year from discovery | None | No pre-filing requirement |
| Louisiana | 1 year from discovery | 3 years from act | Medical review panel required |
| Massachusetts | 3 years from discovery | 7 years from act | Tribunal screening required |
| Michigan | 2 years from act | 6 years from act | Notice of intent required |
| Minnesota | 4 years from act | None | No pre-filing requirement |
| New York | 2.5 years from act | None | No pre-filing requirement |
| Ohio | 1 year from discovery | 4 years from act | Affidavit of merit required |
| Pennsylvania | 2 years from discovery | 7 years from act | Certificate of merit required |
| Tennessee | 1 year from discovery | 3 years from act | Presuit notice required |
| Texas | 2 years from act/discovery | 10 years from act | Expert report within 120 days |
| Washington | 3 years from act/discovery | 8 years from act | No pre-filing requirement |
In many states, malpractice plaintiffs must file an expert affidavit, certificate of merit, or expert report simultaneously with the complaint — or within a short window afterward. This creates a practical deadline that is often earlier than the statutory deadline:
In practice, this means malpractice plaintiffs need to begin the legal process 6–12 months before the statutory deadline — not the day before.
New York's 2.5-year malpractice deadline is measured differently under the continuous treatment doctrine: when a patient remains in continuous treatment with the same provider for the same condition, the limitations clock doesn't start until the treatment ends. This can substantially extend the effective filing window for patients who stayed with a negligent provider for ongoing care.
Florida requires malpractice plaintiffs to conduct a presuit investigation, serve a notice of intent on each defendant, and wait 90 days (during which both sides may engage in informal discovery) before filing suit. This mandatory presuit period effectively extends the process by 3 months — and the notice must be served within the limitations period, not at the time of filing. Florida's system is among the most procedurally complex for malpractice plaintiffs in the nation.