Medical Malpractice State Laws: Statutes of Limitations

In every state, a law called a "statute of limitations" sets a limit on the amount of time you have to go to court and get a medical malpractice case started. That means filing the initial complaint against the doctor or other health care provider (or care facility) in the civil court system, and in some states it also means filing an affidavit or some other sworn statement in which an expert witness or your attorney declares that your case has merit.

The statute of limitations might set a specific time limit for filing a medical malpractice case, or there might be a larger deadline that applies to all injury-related lawsuits, including those stemming from medical malpractice.

Whatever deadline the statute sets in your state -- two years, three years, etc. -- the "clock" typically starts running on the date on which the alleged malpractice occurred. But most states allow special rules where a patient did not know right away (and could not reasonably be expected to know) that they were harmed by a medical error. This is called the "discovery" exception to the statute of limitations, and it usually keeps the clock from running until you actually know (or should know) that you were the victim of medical negligence.

In the chart below, you'll find the standard statute of limitations for medical malpractice cases in your state, a link to the relevant laws, as well as the statute citation, if you'd like to look up the legal jargon from the state legislature.

Keep in mind that while the statute of limitations differs from state to state, what remains true across these jurisdictions is that if you try to file your medical malpractice lawsuit after the statutory deadline has passed, the court will almost certainly dismiss it. That's why it is crucial to pay attention to the statute of limitations as it applies to your situation, or risk losing your right to sue.

Chart: Time Limits and Statute (Law) Citations

Find the statute of limitations for each state, the citation of the governing state statute, and links to each state for more state specific medical malpractice laws.

What Else You Need to Know

Before you call a medical malpractice lawyer, it may help to read up on what makes a medical malpractice case, and what you'll need to prove.