50-state law guide

Medical malpractice deadlines by state: the 2026 table.

Every state sets its own deadline for medical malpractice claims. This table shows the time limit, when the clock starts, the outer limit, the rule for children, and any step required before a lawsuit, for all 50 states and the District of Columbia, with a link to each statute.

Last updated October 2026

How long do you have to file a medical malpractice claim?

It depends on the state where the care happened. Each state’s statute of limitations sets how long a person has to file a medical malpractice lawsuit, and the rules differ on when the clock starts, how long it runs, and what can pause or extend it.

In the table below, the general time limit for a medical malpractice claim runs from 1 to 4 years, depending on the state.

These are general rules from statute text, not legal advice. Deadlines depend on the exact facts, so talk with an attorney licensed in the state about your own dates.

Time limits in all 50 states and DC

Find your state below. Where we’ve written a full guide for a state, the state’s name links to it. Each statute link goes to the official code or a public copy of it.

Medical malpractice time limits by state
StateTime limitWhen the clock startsOuter limitStatute
Alabama2 yearsFrom the act or omission; 6 months from discovery if not reasonably discoverable within 2 years4 years from the act or omissionAla. Code § 6-5-482(a)
Ala. Code § 6-5-482(b)
Alaska2 yearsFrom when the cause of action accrues (general personal-injury statute)10 years from the last act, with listed exceptionsAlaska Stat. § 09.10.070(a)
Alaska Stat. § 09.10.055
Arizona2 yearsFrom when the cause of action accruesNone in statuteAriz. Rev. Stat. § 12-542(1)
Arkansas2 yearsFrom the date of the wrongful act; foreign object found later: 1 year from discoveryNone in statuteArk. Code § 16-114-203(a)-(b)
Ark. Code § 16-114-203(b)
California1 to 3 yearsEarlier of 3 years from injury or 1 year after the injury is or should have been discovered3 years, unless tolled for fraud, concealment, or a foreign bodyCal. Code Civ. Proc. § 340.5
Colorado2 yearsFrom when both the injury and its cause are known or should have been known3 years from the act or omission, with listed exceptionsColo. Rev. Stat. § 13-80-102.5(1)
Colo. Rev. Stat. § 13-80-108(1)
Colo. Rev. Stat. § 13-80-102.5(3)
Connecticut2 yearsFrom when the injury is first sustained or discovered, or should have been discovered3 years from the act or omissionConn. Gen. Stat. § 52-584
Delaware2 yearsFrom the date of injury; 3 years if injury was unknown and undiscoverable within 2 years3 years from the date of injuryDel. Code tit. 18, § 6856
Del. Code tit. 18, § 6856(1)
District of Columbia3 yearsFrom when the right to maintain the action accrues (general catch-all period)None in statuteD.C. Code § 12-301(a)(8)
Florida2 yearsFrom the incident, or from when it was or should have been discovered4 years from the incident (up to 7 if concealed)Fla. Stat. § 95.11(5)(c)
Georgia2 yearsFrom the date the injury or death occurred; foreign object left in body: 1 year from discovery5 years from the act or omission (not for foreign objects)O.C.G.A. § 9-3-71
O.C.G.A. § 9-3-71(b)
O.C.G.A. § 9-3-72
Hawaii2 yearsFrom when the injury was discovered or reasonably should have been discovered6 years from the act or omission (tolled while concealed)Haw. Rev. Stat. § 657-7.3
Idaho2 yearsFrom the act or omission; foreign object or concealment: 1 year from discovery if laterNone in statuteIdaho Code § 5-219(4)
Illinois2 yearsFrom when the injury or death was known or should have been known, or written notice, if earlier4 years from the act or omission735 ILCS 5/13-212(a)
Indiana2 yearsFrom the date of the alleged act, omission, or neglectNone in statuteInd. Code § 34-18-7-1(b)
Iowa2 yearsFrom when the injury or death was known or should have been known, or written notice, if earlier6 years from the act; no limit for a foreign object left in the bodyIowa Code § 614.1(9)(a)
Kansas2 yearsFrom the act; if the injury is not reasonably ascertainable at first, from when it becomes so4 years from the actK.S.A. 60-513(a)(7)
K.S.A. 60-513(c)
Kentucky1 yearFrom when the injury was first discovered or reasonably should have been discovered5 years from the act or omissionKRS 413.140(1)(e)
KRS 413.140(1)
KRS 413.140(2)
Louisiana1 yearFrom the act, omission, or neglect, or within 1 year of discovering it3 years from the act, omission, or neglectLa. R.S. 9:5628(A)
Maine3 yearsFrom the date of the act or omission; foreign object left in the body: from discoveryNone in statute24 M.R.S. § 2902
Maryland3 years3 years from discovery of the injury or 5 years from when it was committed, whichever is earlier5 years from when the injury was committedMd. Code, Cts. & Jud. Proc. § 5-109(a)
Massachusetts3 yearsFrom when the cause of action accrues7 years from the act or omission (not foreign objects)G.L. c. 260, § 4
Michigan2 yearsFrom the act or omission, or within 6 months after discovery if that is later6 years from the act or omission (exceptions apply)MCL 600.5805(8)
MCL 600.5838a(1)-(2)
Minnesota4 years4 years from the date the cause of action accruedNone in statuteMinn. Stat. § 541.076(b)
Mississippi2 yearsFrom when the act or omission was, or reasonably should have been, first known or discovered7 years after the act (exceptions: foreign object, concealment)Miss. Code Ann. § 15-1-36(2)
Missouri2 yearsFrom the act of neglect; foreign object or failure to report test results: 2 years from discovery10 years from the act, or 2 years after age 18 if laterMo. Rev. Stat. § 516.105.1
Mo. Rev. Stat. § 516.105.1(1)-(2)
Mo. Rev. Stat. § 516.105.1(3)
Montana2 years2 years from the injury or from discovery, whichever is later; tolled for failure to disclose5 years from the date of injuryMont. Code Ann. § 27-2-205(1)
Nebraska2 yearsFrom the act or omission; if not reasonably discoverable in 2 years, 1 year from discovery10 years from the professional serviceNeb. Rev. Stat. § 44-2828
Nevada2 years2 years from discovery of the injury, but no more than 3 years after it (injuries since 10/1/2023)3 years from the date of injury (tolled for concealment)Nev. Rev. Stat. § 41A.097(3)
Nev. Rev. Stat. § 41A.097(4)
New Hampshire3 yearsFrom the act or omission; or 3 years from when the injury and its cause were or should have been discoveredNone in statuteN.H. Rev. Stat. Ann. § 508:4(I)
New Jersey2 years2 years after the cause of action accrues (general personal-injury statute)None in statuteN.J. Stat. Ann. § 2A:14-2(a)
New Mexico3 yearsFrom the date the act of malpractice occurred (claims against providers qualified under the Act)None in statute beyond the 3 years from the actN.M. Stat. Ann. § 41-5-13
N.M. Stat. Ann. § 41-5-5(D)
New York2 years 6 monthsFrom the act or omission, or from the last treatment if continuous treatment for the same conditionNone in statute, except 7 years for missed cancer claimsN.Y. C.P.L.R. § 214-a
N.Y. C.P.L.R. § 214-a(b)
North Carolina3 yearsFrom the provider's last act; if the injury was not apparent, 1 year from discovery (never under 3 years)4 years from the last act; 10 years for a foreign objectN.C. Gen. Stat. § 1-52(5)
N.C. Gen. Stat. § 1-15(c)
North Dakota2 years2 years after the claim for relief accrues (the statute does not define when that is)6 years from the act or omission, unless fraud prevented discoveryN.D. Cent. Code § 28-01-18(3)
Ohio1 year1 year after the claim accrues; up to 180 days more if written notice is sent within that year4 years from the act or omission (minors excepted)Ohio Rev. Code § 2305.113(A)-(B)(1)
Ohio Rev. Code § 2305.113(C)-(D)
Oklahoma2 yearsFrom when the patient knew or should have knownNone in 76 O.S. § 1876 O.S. § 18
Oregon2 yearsFrom when the injury is or should have been discovered5 years from the treatment, omission, or operationORS 12.110(4)
Pennsylvania2 years2 years (general personal-injury statute); the statute does not say when the clock startsSee statute42 Pa. Cons. Stat. § 5524(2)
Rhode Island3 yearsFrom the incident; if not reasonably discoverable then, 3 years from when it should have been discoveredNone in statuteR.I. Gen. Laws § 9-1-14.1
R.I. Gen. Laws § 9-1-14.1(3)
South Carolina3 yearsFrom treatment, or from when the injury was or ought to have been discovered6 years from the date of occurrenceS.C. Code § 15-3-545
South Dakota2 yearsFrom the date the alleged malpractice, error, mistake, or failure to cure occurredNone in statuteS.D. Codified Laws § 15-2-14.1
Tennessee1 year1 year after the claim accrues; if the injury isn't discovered in that year, 1 year from discovery3 years from the act or omission; fraud and foreign-object exceptionsTenn. Code Ann. § 29-26-116(a)
Tenn. Code Ann. § 29-26-116(a)(2), (a)(4)
Tenn. Code Ann. § 28-3-104(a)(1)
Texas2 yearsFrom the breach or tort, or from completion of the treatment or hospitalization at issue10 years from the act or omissionTex. Civ. Prac. & Rem. Code § 74.251(a)
Tex. Civ. Prac. & Rem. Code § 74.251(b)
Utah2 yearsFrom when the injury was discovered or should have been discovered; foreign object/concealment: 1 year4 years from the act, omission, neglect, or occurrenceUtah Code § 78B-3-404(1)
Utah Code § 78B-3-404(2)
Vermont3 years3 years from the incident or 2 years from discovery of the injury, whichever is later7 years from the incident; concealment and foreign-object exceptions12 V.S.A. § 521
12 V.S.A. § 521 (exceptions)
Virginia2 yearsFrom the injury; 1 more year for foreign objects, concealment, missed cancerExtensions stop at 10 yearsVa. Code § 8.01-243
Va. Code § 8.01-230
Washington3 years3 years from the act or omission, or 1 year from discovery, whichever expires laterSee statuteRCW 4.16.350
West Virginia2 yearsFrom the injury or from discovery, whichever is later (1 year for nursing homes and similar)10 years from the date of medical injuryW. Va. Code § 55-7B-4(a)
W. Va. Code § 55-7B-4(b)
Wisconsin3 yearsFrom the injury, or 1 year from discovery if laterDiscovery rule ends 5 years after the act or omissionWis. Stat. § 893.55
Wyoming2 yearsFrom the act, error or omission; 2 years from discovery if not reasonably discoverableNone in statuteWyo. Stat. § 1-3-107(a)(i)

Download this table (CSV) · Statute text last checked October 22, 2026

Children and steps before a lawsuit

Many deadlines work differently for children, and some states require a notice, an expert’s opinion, or a review before a lawsuit can be filed. Those steps take time, so they can matter as much as the deadline itself.

Children and steps before a lawsuit, by state
StateChildrenBefore a lawsuitStatute
AlabamaUnder 4: until the 8th birthdayNone found in statuteAla. Code § 6-5-482(b)
AlaskaUnder 8: clock starts at 8th birthday; older minors: tolled, max 2 years after 18None found in statuteAlaska Stat. § 09.10.140(a), (c)
ArizonaTime under age 18 does not count toward the limit (§ 12-502)Certify with the complaint whether expert testimony is neededAriz. Rev. Stat. § 12-502
Ariz. Rev. Stat. § 12-2603(A)-(B)
Arkansas9 or under: later of 11th birthday or 2 years; childbirth injury: until 5th birthdaySee statuteArk. Code § 16-114-203(c)(1)
Ark. Code § 16-114-203(c)(3), added by Act 124 of 2025 (HB 1427), § 4
California3 years from the act; under 6: 3 years or until 8th birthday, whichever is longerNotice of intent at least 90 days before filingCal. Code Civ. Proc. § 340.5
Cal. Code Civ. Proc. § 364(a), (d)
ColoradoInjured under 6: until the 8th birthday; other minors: see § 13-81-103Certificate of review within 60 days after serving the complaintColo. Rev. Stat. § 13-80-102.5(3)
Colo. Rev. Stat. § 13-20-602(1)(a)
ConnecticutSee statuteGood-faith certificate plus similar provider's written opinion with complaintConn. Gen. Stat. § 52-190a(a)
DelawareUnder 6: until the later of the normal deadline or the 6th birthdayExpert affidavit of merit must accompany the complaintDel. Code tit. 18, § 6856(2)
Del. Code tit. 18, § 6853(a)(1)
District of ColumbiaTime limit runs after the minor turns 18 (§ 12-302)Notice of intent at least 90 days before filingD.C. Code § 12-302(a)
D.C. Code § 16-2802(a)
FloridaThe 4-year limit doesn’t bar a claim filed by the 8th birthdayExpert opinion, notice of intent, 90-day reviewFla. Stat. § 95.11(5)(c)
Fla. Stat. § 766.106
Fla. Stat. § 766.203
GeorgiaUnder 5: 2 years from the 5th birthday, never after the 10th birthday; 5+: adult rulesExpert affidavit filed with the complaintO.C.G.A. § 9-3-73(b)-(c)
O.C.G.A. § 9-3-73(b)
O.C.G.A. § 9-3-73(c)(2)
O.C.G.A. § 9-11-9.1(a)
Hawaii6 years from the act; under 10: until the 10th birthday if that is longerPanel inquiry, with certificate of consultation, before filing suitHaw. Rev. Stat. § 657-7.3(b)
Haw. Rev. Stat. § 671-12(a)
Haw. Rev. Stat. § 671-12.5(a)
IdahoGeneral minority tolling applies, but not for more than 6 yearsPrelitigation panel (Board of Medicine) for physician and hospital claimsIdaho Code § 5-230
Idaho Code § 6-1001
IllinoisUnder 18: 8 years from the act, but not after the 22nd birthdayAffidavit and health professional's written report filed with the complaint735 ILCS 5/13-212(b)
735 ILCS 5/2-622(a)
IndianaUnder 6: until the 8th birthdayMedical review panel opinion before suing, unless all parties agree to skip itInd. Code § 34-18-7-1(b)
Ind. Code § 34-18-8-4
Ind. Code § 34-18-8-5
IowaUnder 8: until the 10th birthday, or the adult deadline if laterExpert certificate of merit due within 60 days of the defendant's answerIowa Code § 614.1(9)(b)
Iowa Code § 147.140(1)(a)
KansasUntil 1 year after turning 18, but never more than 8 years after the actNone required; any party may ask the court to convene a screening panelK.S.A. 60-515(a)
K.S.A. 65-4901(a)
KentuckyGeneral minority tolling applies: clock runs after minority endsCertificate of merit filed with the complaintKRS 413.170(1)
KRS 411.167(1)
LouisianaSame limits apply to minorsMedical review panel review before suing a covered providerLa. R.S. 9:5628(B)
La. R.S. 40:1231.8(B)(1)(a)(i)
MaineWithin 6 years of the act or 3 years after reaching majority, whichever is firstNotice of claim and prelitigation screening panel (bypass only if all agree)24 M.R.S. § 2902
24 M.R.S. § 2903(1)
24 M.R.S. § 2853(5)
MarylandUnder 11: clock starts at age 11 (age 16 for reproductive or foreign-object injuries)File claim with the HCADRO first; expert certificate within 90 daysMd. Code, Cts. & Jud. Proc. § 5-109(b)-(c)
Md. Code, Cts. & Jud. Proc. § 3-2A-04(a)-(b)
MassachusettsUnder 6: until the 9th birthday, within the 7-year limitWritten notice 182 days before filing; tribunal review afterG.L. c. 231, § 60D
G.L. c. 231, § 60L
G.L. c. 231, § 60B
MichiganUnder 8: until 10th birthday if later; reproductive injury under 13: until 15th birthdayNotice of intent 182 days before suit; affidavit of merit with complaintMCL 600.5851(7)-(8)
MCL 600.5851(8)
MCL 600.2912b(1)
MCL 600.2912d(1)
MinnesotaPaused until 18, but by no more than 7 years and no more than 1 year after 18Affidavit of expert review served with the summons and complaintMinn. Stat. § 541.15(b)
Minn. Stat. § 145.682, subd. 2
MississippiAge 6 or younger at discovery: within 2 years after the 6th birthdayWritten notice of intent at least 60 days before suitMiss. Code Ann. § 15-1-36(3)
Miss. Code Ann. § 15-1-36(15)
MissouriUnder 18: until the 20th birthdayHealth care provider affidavit of merit within 90 days after filing suitMo. Rev. Stat. § 516.105.1(3)
Mo. Rev. Stat. § 538.225
MontanaUnder 4: clock starts at the 8th birthday (or death, if earlier)Application to the Montana Medical Legal Panel before filing suitMont. Code Ann. § 27-2-205(2)
Mont. Code Ann. § 27-6-301
NebraskaGeneral minority tolling applies (Neb. Rev. Stat. § 25-213)Review panel first if provider qualified under the Act, unless claimant waivesNeb. Rev. Stat. § 44-2828
Neb. Rev. Stat. § 25-213
Neb. Rev. Stat. § 44-2840(2), (4)
NevadaBrain damage or birth defect: until age 10; sterility: 2 years after discoveryMedical expert affidavit must be filed with the complaintNev. Rev. Stat. § 41A.097(5)
Nev. Rev. Stat. § 41A.071
New HampshireGeneral minority tolling applies: 2 years after the disability is removedNone found in statuteN.H. Rev. Stat. Ann. § 508:8
N.H. Rev. Stat. Ann. ch. 519-B (repealed)
New JerseyBirth injuries: before the 13th birthday; other minors: time runs after age 18Affidavit of merit within 60 days after the defendant's answerN.J. Stat. Ann. § 2A:14-2(a)
N.J. Stat. Ann. § 2A:14-21
N.J. Stat. Ann. § 2A:53A-27
New MexicoUntil 1 year after reaching the age of majorityMedical review commission application first for independent providersN.M. Stat. Ann. § 41-5-13
N.M. Stat. Ann. § 41-5-15(A)
N.M. Stat. Ann. § 41-5-14(C)
New YorkExtended by the period of infancy, but not beyond 10 years after the claim accruesAttorney certificate of merit filed with the complaintN.Y. C.P.L.R. § 208(a)
N.Y. C.P.L.R. § 3012-a(a)
North CarolinaIf the time runs out before age 10: until the 10th birthdayComplaint must certify an expert reviewed the care and records (Rule 9(j))N.C. Gen. Stat. § 1-17(c)(1)
N.C. Gen. Stat. § 1A-1, Rule 9(j)
N.C. Sess. Law 2011-400, § 11
North DakotaPaused while under 18; infancy extension capped at 12 years for malpracticeExpert opinion affidavit served within 3 months after filing suitN.D. Cent. Code § 28-01-25
N.D. Cent. Code § 28-01-46
OhioTime runs after the disability is removed (age 18)Affidavit of merit must accompany the complaint (court rule)Ohio Rev. Code § 2305.16
Ohio Civ.R. 10(D)(2)(a)
OklahomaUnder 12: 7 years from the injurySee statute12 O.S. § 96
OregonTolling limited; the 5-year limit still appliesADR (arbitration, mediation, or conference) within 270 days of filingORS 12.110(4)
ORS 12.160
ORS 31.250
PennsylvaniaTime runs from age 18; no claim after age 20 or 7 years from the act, whichever is laterCertificate of merit with the complaint or within 60 days after (court rule)42 Pa. Cons. Stat. § 5533(b)(1)
40 P.S. § 1303.513(c) (MCARE Act § 513)
Pa.R.C.P. 1042.3(a), 231 Pa. Code
Rhode IslandIf not filed within 3 years of the incident: any time up to age 21None found in statuteR.I. Gen. Laws § 9-1-14.1
South CarolinaTolling capped at 7 years and 1 year past adulthoodNotice of Intent with expert affidavit, then mediationS.C. Code § 15-3-545
S.C. Code § 15-79-125
South DakotaGenerally paused while under 18, but extended no more than 1 year after turning 18None found in statuteS.D. Codified Laws § 15-2-14.1
S.D. Codified Laws § 15-2-22
S.D. Codified Laws § 26-1-1
TennesseeUnder 18: general tolling statute; generally may sue within 1 year after turning 18Written notice 60 days before filing; certificate of good faith with complaintTenn. Code Ann. § 28-1-106(a)
Tenn. Code Ann. § 29-26-121(a)(1), (c)
Tenn. Code Ann. § 29-26-122(a)
TexasUnder 12: until the 14th birthdayNotice 60 days before suit; expert report due 120 days after each answerTex. Civ. Prac. & Rem. Code § 74.251(a)
Tex. Civ. Prac. & Rem. Code § 74.051(a), (c)
Tex. Civ. Prac. & Rem. Code § 74.351(a)
UtahSee statuteNotice of intent 90 days before suit; prelitigation panel review (not dental)Utah Code § 78B-3-412(1)
Utah Code § 78B-3-416(1)
VermontTime limits generally run after the minor's disability is removedCertificate of merit filed with the complaint (90-day extension on petition)12 V.S.A. § 521
12 V.S.A. § 551(a)
12 V.S.A. § 1042(a), (d)
VirginiaHarmed before age 8: until the 10th birthdayWritten expert opinion certified when service is requestedVa. Code § 8.01-243.1
Va. Code § 8.01-20.1
WashingtonSee statuteNone found in statute; mandatory mediation applies before trialRCW 7.70.100(1)
RCW 7.70.150 (repealed)
West VirginiaUnder 10: within 2 years of injury or by the 12th birthday, whichever is longerNotice of claim with screening certificate of merit 30 days before filingW. Va. Code § 55-7B-4(c)
W. Va. Code § 55-7B-6(b)
WisconsinBy the 10th birthday, or the usual limits if laterMediation request; a request pauses the clockWis. Stat. § 893.56
Wis. Stat. § 655.44
WyomingBy the 8th birthday or within 2 years of the act, whichever is greaterNone found in statute (medical review panel law repealed in 2021)Wyo. Stat. § 1-3-107(a)(ii)
Wyo. Stat. §§ 9-2-1513 to 9-2-1523 (repealed)

How to read the table

  • Time limit: the general statute of limitations for a medical malpractice claim against a health care provider.
  • When the clock starts: the event the statute counts from, such as the date of the care, the injury, or when the injury was or should have been discovered.
  • Outer limit: a final cutoff, often called a statute of repose. It can end a claim even if the problem wasn’t discovered in time.
  • Children: special rules for patients who were minors when the claim arose.
  • Before a lawsuit: a notice, an expert affidavit or certificate, a review panel, or another step the statute requires.

“See statute” means the rule needs more context than a table cell can give. “None in statute” means the statute we read doesn’t set one; other laws or court decisions may still apply.

Why your deadline may be different

The table shows each state’s general rule. Your deadline may be shorter or longer because of:

  • Government providers. State and local hospitals often require a written notice of claim within a short time.
  • Federal facilities. Claims about care at a VA medical center or a military treatment facility go through the Federal Tort Claims Act, and a written claim must be presented to the agency within 2 years after the claim accrues (28 U.S.C. § 2401(b)).
  • A death. Wrongful death claims can have their own deadline.
  • Exceptions and tolling. Foreign objects left in the body, concealment, and a patient’s incapacity can change the dates.

Only an attorney licensed in the state can tell you which deadline applies and how much time is left. To understand what we do, read how our service works and where we operate.

Full guides by state

Sources and method

We read each state’s statute text on October 22, 2026 and linked the section that supports each row. Where an official site wouldn’t load for us, we read a public copy of the code, such as Justia or FindLaw, and linked it. We don’t rely on case law in this table, so a court decision can change how a rule applies. Where a court decision has limited part of a statute, the cell says “See statute” rather than repeat it. If you see an error, write to support@malpracticeattorneys.com.

This page is general information, not legal advice.

Questions

Questions about deadlines by state.

Which deadline applies if I live in one state and was treated in another?

Generally, the rules of the state where the care happened are the starting point, but which state’s law applies can be disputed. Ask an attorney licensed in the state where the care happened.

What’s the difference between a statute of limitations and a statute of repose?

A statute of limitations sets how long you have after the clock starts, which can be when an injury is discovered. A statute of repose is an outer limit counted from the care itself, and it can end a claim even if the problem wasn’t found in time.

Does filing a complaint with the medical board stop the clock?

Generally, no. A complaint to a licensing board or a hospital is separate from a lawsuit. Ask an attorney which steps, if any, affect your dates.

How current is this table?

We checked the statute text on October 22, 2026. Laws change, and the legislature’s current text controls. Each row links to the statute so you can check it.

Not sure which deadline applies to you?

Deadlines depend on the facts and the state. An attorney licensed there can tell you how much time you have. Learn how our service works and where it operates.

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