Medical Malpractice Statute of Limitations
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Jeffrey Johnson
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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
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UPDATED: Jul 14, 2023
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UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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The statute of limitations under malpractice law, or the amount of time in which you have to file suit for medical malpractice, varies from state to state. However, every state does impose some statute of limitations, so your medical malpractice case must be brought within that time period. In some states, the time limit can also be extended, depending on when the discovery of negligence was made. This is called the discovery rule and states usually give a person a certain number of years from the date the discovery was made to file a lawsuit.
Statute of Limitations for Medical Malpractice
Because the statute of limitations varies, you will need to know the rules for your state to determine when you must file your medical malpractice claim:
- In New York, the statute of limitations is 30 months.
- Ohio, Kentucky, Louisiana, and Tennessee have a general statute of limitations of 1 year in medical malpractice lawsuits. In Ohio, the lawsuit must be filed within 180 days after notice is given.
- Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, North Dakota, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming have a general statute of limitations of 2 years for filing a medical malpractice suit. For some special circumstances (see below) these time limits may vary.
- California, Maine, Maryland, Massachusetts, Montana, Nevada, New Mexico, North Carolina, Rhode Island, South Carolina, Vermont, Washington, and Wisconsin have a 3 year statute of limitations.
- In Minnesota, the statute of limitations is 4 years.
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Exceptions
Many states also have certain provisions for special conditions. There are certain exceptions in many cases for:
- Anyone who has had an object left in him during surgery;
- Reproductive injuries to minors;
- Birth related injuries;
- Injuries causing brain damage.
Special rules also apply in most states concerning minors. In many states, for example, a minor child has until his 18th birthday to have a lawsuit filed on his behalf. If you believe you are the victim of medical malpractice, don’t wait to call a lawyer. Contacting an attorney early on can help you make sure you get your medical malpractice suit filed on time and that you follow proper court procedure to collect the damages you deserve.
Case Studies: Medical Malpractice Statute of Limitations
Case Study 1: Delayed Diagnosis
John visits his primary care physician with persistent abdominal pain. The physician fails to order tests or refer him to a specialist. Three years later, John seeks a second opinion and discovers the negligence. He files a medical malpractice lawsuit within the extended time limit allowed by his state.
Case Study 2: Surgical Error
Sarah undergoes routine surgery but experiences severe complications due to a surgeon’s critical error. Months later, she seeks a second opinion and discovers the negligence. Sarah promptly consults an attorney and files a medical malpractice claim before the deadline.
Case Study 3: Medication Error
Mark suffers adverse effects after a pharmacist dispenses the wrong medication. Unaware of the error, he discovers it years later while reviewing his medical records. Mark consults an attorney, who helps him file a medical malpractice lawsuit within the allowed time frame.
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Jeffrey Johnson
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Insurance Lawyer
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.