What is a statute of limitations?

A state law that sets the deadline for filing a lawsuit. Missing it permanently bars the claim, with very narrow exceptions.

What is the difference between a statute of limitations and a statute of repose?

A statute of limitations runs from the date of injury or discovery; a statute of repose runs from the date of the negligent act and creates an absolute outer limit, even if the injury wasn't discovered yet.

Does the deadline restart if I keep seeing the same doctor?

Some states apply the 'continuous treatment' doctrine that tolls the limitations period during ongoing treatment for the same condition.

Are there special rules for minors?

Yes. Many states extend or toll the limitations period for children, sometimes until they reach the age of majority — but specifics vary widely.

When does the clock start in a misdiagnosis case?

Often when the patient discovers (or reasonably should have discovered) the injury and its connection to the medical care, but exact rules differ by state.

Filing deadlines

Medical Malpractice Statute of Limitations

Every US state sets its own deadline for filing a medical malpractice lawsuit. Miss it, and even a strong claim is barred forever.

Direct answer

The medical malpractice statute of limitations varies by state — most commonly two to three years from the date of injury or discovery, with separate statutes of repose imposing absolute outer limits. Wrongful death and minors often have different deadlines. Verify your state's deadline immediately.

State-by-state summaries

General guidance only. Confirm with a licensed attorney in your state.

Alabama
Generally 2 years from injury (max 4 from act), with limited discovery and minor exceptions.
Alaska
Generally 2 years from discovery; with statute of repose limits.
Arizona
Generally 2 years from injury or discovery.
Arkansas
Generally 2 years from injury (foreign object discovery rule).
California
Generally 3 years from injury or 1 year from discovery, whichever first.
Colorado
Generally 2 years from discovery; 3-year repose with exceptions.
Connecticut
Generally 2 years from discovery; 3-year repose.
Delaware
Generally 2 years from injury (3 with foreign object discovery).
District of Columbia
Generally 3 years from injury or discovery.
Florida
Generally 2 years from discovery; 4-year repose with exceptions.
Georgia
Generally 2 years from injury; 5-year repose.
Hawaii
Generally 2 years from discovery; 6-year repose.
Idaho
Generally 2 years from injury.
Illinois
Generally 2 years from discovery; 4-year repose.
Indiana
Generally 2 years from act (occurrence rule with limited discovery exceptions).
Iowa
Generally 2 years from discovery; 6-year repose.
Kansas
Generally 2 years from injury; 4-year repose.
Kentucky
Generally 1 year from injury or discovery; 5-year repose.
Louisiana
Generally 1 year from discovery; 3-year repose.
Maine
Generally 3 years from injury (6 for foreign object discovery).
Maryland
Generally 5 years from injury or 3 years from discovery, whichever first.
Massachusetts
Generally 3 years from injury or discovery; 7-year repose.
Michigan
Generally 2 years from injury or 6 months from discovery; 6-year repose.
Minnesota
Generally 4 years from injury.
Mississippi
Generally 2 years from discovery; 7-year repose.
Missouri
Generally 2 years from injury; 10-year repose.
Montana
Generally 3 years from injury (5-year repose with discovery exceptions).
Nebraska
Generally 2 years from injury; 10-year repose.
Nevada
Generally 1 year from discovery or 3 years from injury.
New Hampshire
Generally 3 years from injury or discovery.
New Jersey
Generally 2 years from injury or discovery.
New Mexico
Generally 3 years from act (occurrence) for qualified providers.
New York
Generally 2.5 years from act/last continuous treatment; foreign-object 1 year from discovery.
North Carolina
Generally 3 years from injury; 4-year repose.
North Dakota
Generally 2 years from discovery; 6-year repose.
Ohio
Generally 1 year from discovery; 4-year repose.
Oklahoma
Generally 2 years from injury or discovery.
Oregon
Generally 2 years from discovery; 5-year repose.
Pennsylvania
Generally 2 years from injury or discovery; 7-year repose with exceptions.
Rhode Island
Generally 3 years from injury or discovery.
South Carolina
Generally 3 years from injury or discovery; 6-year repose.
South Dakota
Generally 2 years from injury (occurrence).
Tennessee
Generally 1 year from discovery; 3-year repose with exceptions.
Texas
Generally 2 years from act or last treatment; 10-year repose.
Utah
Generally 2 years from discovery; 4-year repose.
Vermont
Generally 3 years from injury or 2 from discovery; 7-year repose.
Virginia
Generally 2 years from injury; limited discovery rule.
Washington
Generally 3 years from injury or 1 from discovery; 8-year repose.
West Virginia
Generally 2 years from injury or discovery; 10-year repose.
Wisconsin
Generally 3 years from injury or 1 from discovery; 5-year repose.
Wyoming
Generally 2 years from injury or discovery.