Statute of Limitations for Medical Malpractice Reference

Statute of limitations for medical malpractice is roughly two years in most states.

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To learn more visit: https://www.evalucare.net/ or email info@evalucare.net

Statute of Limitations - Reference Only

Here is a listing of the medical malpractice statute of limitations in each U.S. state (and the District of Columbia), including key nuances such as discovery‑rule extensions. In most states the clock begins running at the time of injury, but several carve out later start dates when the harm could not reasonably have been discovered earlier.

The statute of limitations sets a timeline for legal actions.

·       Alabama: 2 years from the date of injury

·       Alaska: 2 years from the date of injury

·       Arizona: 2 years from the date of injury

·       Arkansas: 2 years from the date of injury

·       California: 3 years from the date of injury or 1 year from date of discovery, whichever is earlier

·       Colorado: 2 years from the date of injury

·       Connecticut: 2 years from the date of injury

·       Delaware: 2 years from the date of injury

·       District of Columbia: 3 years from the date of injury

·       Florida: 2 years from the date of injury

·       Georgia: 2 years from the date of injury

·       Hawaii: 2 years from the date of injury

·       Idaho: 2 years from the date of injury

·       Illinois: 2 years from the date of injury

·       Indiana: 2 years from the date of injury

·       Iowa: 2 years from the date of injury

·       Kansas: 2 years from the date of injury

·       Kentucky: 1 year from the date of injury

·       Louisiana: 1 year from the date of injury

·       Maine: 3 years from the date of injury

·       Maryland: 5 years from the date of injury or 3 years from date of discovery, whichever is earlier

·       Massachusetts: 3 years from the date of injury

·       Michigan: 2 years from the date of injury

·       Minnesota: 4 years from the date of injury

·       Mississippi: 2 years from the date of injury

·       Missouri: 2 years from the date of injury

·       Montana: 3 years from the date of injury

·       Nebraska: 2 years from the date of injury

·       Nevada: 3 years from the date of injury

·       New Hampshire: 2 years from the date of injury

·       New Jersey: 2 years from the date of injury

·       New Mexico: 3 years from the date of injury

·       New York: 2½ years (30 months) from the date of injury

·       North Carolina: 3 years from the date of injury

·       North Dakota: 2 years from the date of injury

·       Ohio: 1 year from the date of injury

·       Oklahoma: 2 years from the date of injury

·       Oregon: 2 years from the date of injury

·       Pennsylvania: 2 years from the date of injury

·       Rhode Island: 3 years from the date of injury

·       South Carolina: 3 years from the date of injury

·       South Dakota: 2 years from the date of injury

·       Tennessee: 3 years from the date of injury or 1 year from date of discovery, whichever is earlier

·       Texas: 2 years from the date of injury

·       Utah: 2 years from the date of injury

·       Vermont: 3 years from the date of injury

·       Virginia: 2 years from the date of injury

·       Washington: 3 years from the date of injury

·       West Virginia: 2 years from the date of injury

·       Wisconsin: 3 years from the date of injury

·       Wyoming: 2 years from the date of injury

Key Nuances

·       Discovery Rule In some states like California, Maryland, Tennessee there is a start date when injury is first discovered

·       Absolute Caps In some states like Kentucky, Louisiana, Ohio no extension beyond the date of injury for discovery is allowed.  

·       Continuous Treatment Doctrine: In some states, ongoing care by the same provider may impact the start date

Special Note: For informational purposes only. This list of states and statute of limitations is subject to change and does not reflect all potential specific nuances. Please check your local state laws when making decisions about pursuing a medical malpractice case and seek legal advice.

Bottomline: Always verify your jurisdiction’s laws.

Beyond the Statue of Limitations, what options do I have?

For legal action, the time has passed.

However, EvaluCare can support you in non-legal action beyond these timeframes to find answers and pursue a direct settlement, but just know that without at least the threat of legal actions, most healthcare organization recognize patients have little legal recourse and as such would not generally be inclined to compensate patients or families, as there is little financial risk to the organization.

In these cases, we have additional methods to encourage a healthcare organizations to do the right thing and we have means to support negotiations to that end. This experience has been gained by leading healthcare organizations quality and risk programs. Not all closure and accountability ends with a financial outcome. We can advocate for safer care through partnering on options.

To learn more visit: https://www.evalucare.net/ or email info@evalucare.net