Medical malpractice deadlines are among the most complex in American law — with discovery rules, repose periods, and expert requirements all layered together.
Standard personal injury rules don't fully work for medical malpractice because:
To balance patients' need for time to discover malpractice against providers' interest in certainty, most states use a two-part structure: a shorter limitations period from discovery, combined with an absolute outer limit (statute of repose) from the date of the act.
Starts when you knew or should have known about the malpractice and injury. Typically 1–3 years. Can be extended by the discovery rule.
Example: You discover a surgical error 18 months after surgery. In a 2-year state, you have 2 years from that discovery date.
Starts from the date of the negligent act — regardless of discovery. Typically 4–10 years. This is an absolute outer limit that courts generally cannot extend.
Example: A 4-year repose bars all claims filed more than 4 years after the procedure — even if you only learned of the error 3 years and 11 months later.
You must satisfy both clocks — file within the limitations period AND before the repose period expires, whichever deadline comes first.
| State | Limitations Period | Repose Period | Notes |
|---|---|---|---|
| Alabama | 2 years | 4 years | From act or discovery, whichever is first |
| Alaska | 2 years | 10 years | From discovery |
| Arizona | 2 years | None | Discovery rule applies broadly |
| Arkansas | 2 years | None | From date of act or discovery |
| California | 3 years from act OR 1 year from discovery | 3 years | Whichever is shorter; foreign body exception |
| Colorado | 2 years | 3 years | From act; discovery tolls up to 3 years |
| Connecticut | 2 years | 3 years | From discovery; 3 years from act |
| Delaware | 2 years | None | Discovery rule applies |
| Florida | 2 years | 4 years (7 for concealment) | From discovery; presuit notice required |
| Georgia | 2 years | 5 years | From act or discovery; expert affidavit required |
| Hawaii | 2 years | 6 years | From discovery |
| Idaho | 2 years | None | From discovery or act, whichever is later |
| Illinois | 2 years | 4 years | From discovery; 4-year absolute limit |
| Indiana | 2 years | None | Medical review panel required before suit |
| Iowa | 2 years | 6 years | From discovery |
| Kansas | 2 years | 4 years | From discovery; 4-year outer limit |
| Kentucky | 1 year | None | Very short — one of nation's strictest |
| Louisiana | 1 year | 3 years | Called "prescription"; medical review required |
| Maine | 3 years | None | Discovery rule from act or knowledge |
| Maryland | 5 years from act OR 3 years from discovery | 5 years | Whichever is shorter; arbitration screening |
| Massachusetts | 3 years | 7 years | From discovery; tribunal screening required |
| Michigan | 2 years | 6 years | From act; notice of intent required |
| Minnesota | 4 years | None | Longer than most; discovery rule applies |
| Mississippi | 2 years | 7 years | From discovery |
| Missouri | 2 years | 10 years | From act or discovery |
| Montana | 3 years | 5 years | From act or discovery |
| Nebraska | 2 years | 10 years | From act or discovery |
| Nevada | 3 years from act OR 1 year from discovery | None | Whichever is later; expert report required |
| New Hampshire | 3 years | None | Discovery rule applies broadly |
| New Jersey | 2 years | None | From discovery; affidavit of merit required |
| New Mexico | 3 years | None | Medical review panel required |
| New York | 2.5 years | None | From act; continuous treatment rule extends period |
| North Carolina | 3 years | 4 years | From discovery; 4-year outer limit |
| North Dakota | 2 years | 6 years | From act or discovery |
| Ohio | 1 year | 4 years | One of shortest; from discovery |
| Oklahoma | 2 years | None | From act or discovery |
| Oregon | 2 years | 5 years | From discovery; 5-year outer limit |
| Pennsylvania | 2 years | 7 years | From discovery; certificate of merit required |
| Rhode Island | 3 years | None | From act or discovery |
| South Carolina | 3 years | 6 years | From discovery |
| South Dakota | 2 years | None | From act or discovery |
| Tennessee | 1 year | 3 years | Very short; presuit notice required |
| Texas | 2 years | 10 years | From act or discovery; expert report required early |
| Utah | 2 years | 4 years | From discovery; 4-year outer limit |
| Vermont | 3 years | None | From discovery |
| Virginia | 2 years | None | From act; continuous treatment rule applies |
| Washington | 3 years | 8 years | From act or discovery |
| West Virginia | 2 years | 10 years | From discovery; screening panel required |
| Wisconsin | 3 years | 5 years | From act or discovery |
| Wyoming | 2 years | None | From act or discovery |
| Washington D.C. | 3 years | None | From discovery |
Many states require plaintiffs to file an expert affidavit, certificate of merit, or expert report along with (or very shortly after) the complaint. This is a procedural requirement separate from the statute of limitations, and failure to comply can result in dismissal just as surely as a missed filing deadline.
Obtaining a qualified expert willing to review your case and provide a certificate typically takes weeks or months. This practical reality means you need to consult an attorney far in advance of the filing deadline.
Several states (New York, Virginia, and others) apply a "continuous treatment rule" — when a patient continues treatment with the same provider for the same condition, the limitations period doesn't begin running until the treatment ends. This can significantly extend the filing window for patients who stayed with a negligent provider for ongoing care.
Birth injuries are subject to state-specific rules that often differ from standard medical malpractice deadlines. Common approaches:
Use our calculator for a baseline, then verify your specific state's rules with a medical malpractice attorney — these rules are the most complex of any case type.
For information on medical malpractice rules and patient rights, see resources at the US Department of Health and Human Services: hhs.gov.
The beginner's guide to filing deadlines.
When the SOL clock actually starts.
When the deadline pauses.
Options that may still exist.
The hard deadline that can't be extended.
Special notice requirements.
How the clock works for under-18 plaintiffs.
All 50 states with citations.
Discovery rule and repose caps.
Written vs oral contract deadlines.
2-year personal injury deadline.
2-year personal injury deadline.
2-year personal injury deadline.
3-year personal injury deadline.
2-year personal injury deadline.
2-year personal injury deadline.