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.
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.
| State | Time Limitation | Statute Citation |
| Alabama | 2 years | Code of Alabama section 6-5-482 |
| Alaska | 2 years | Alaska Statutes section 09.10.070 |
| Arizona | 2 years | Arizona Revised Statutes section 12-542 |
| Arkansas | 2 years | Arkansas Code section 16-114-203 |
| California | 1 yr/3 yrs | California Code of Civil Procedure section 340.5 |
| Colorado | 2 years | Colorado Revised Statutes section 13-80-102.5 |
| Connecticut | 2 years | Gen. Stat. of Connecticut section 52-584 |
| Delaware | 2 years | Title 18 Delaware Code section 6856 |
| District of Columbia | 3 years | D.C. Code section 12-301 |
| Florida | 2 years | Florida Statutes section 95.11(4)(b) |
| Georgia | 2 years | Code of Georgia section 9-3-71 |
| Hawaii | 2 years | Hawaii Revised Statutes section 657-7.3 |
| Idaho | 2 years | Idaho Statutes section 5-219 |
| Illinois | 2 years | Illinois Comp. Statutes section 5/13-212(a) |
| Indiana | 2 years | Indiana Code section 34-18-7-1 |
| Iowa | 2 years | Iowa Code section 614.1 |
| Kansas | 2 years | Kansas Statutes section 60-513 |
| Kentucky | 1 year | Kentucky Revised Statutes section 413.140 |
| Louisiana | 1 year | Louisiana Revised Statutes section 9:5628 |
| Maine | 3 years | Maine Revised Statutes Title 24 section 2902 |
| Maryland | 3 yrs / 5 yrs | Maryland Cts & Jud. Proc. Code section 5-109 |
| Massachusetts | 3 years | Massachusetts General Laws Ch. 260 section 4 |
| Michigan | 2 years | Michigan Comp. Laws section 600.5805 |
| Minnesota | 4 years | Minnesota Statutes section 541.076 |
| Mississippi | 2 years | Mississippi Code section 15-1-36(1) |
| Missouri | 2 years | Missouri Revised Statutes section 516.105 |
| Montana | 3 years | Montana Code section 27-2-205 |
| Nebraska | 2 years | Nebraska Revised Statutes section 44-2828 |
| Nevada | 3 years | Nevada Revised Statutes section 41A.097 |
| New Hampshire | 2 years | New Hampshire Revised Statutes section 507:C-4 |
| New Jersey | 2 years | New Jersey Statutes section 2A:14-2 |
| New Mexico | 3 years | New Mexico Statutes section 41-5-13 |
| New York | 2.5 years | N.Y. Civil Practice Law and Rules section 214-a. |
| North Carolina | 3 years | North Carolina General Statutes section 1-15 |
| North Dakota | 2 years | North Dakota Century Code section 28-01-18 |
| Ohio | 1 year | Ohio Revised Code section 2305.113 |
| Oklahoma | 2 years | Oklahoma Statutes section 76-18 |
| Oregon | 2 years | Oregon Revised Statutes section 12.110 |
| Pennsylvania | 2 years | Penn. Cons. Statutes Title 42 section 5524 |
| Rhode Island | 3 years | Rhode Island Statutes section 9-1-14.1 |
| South Carolina | 3 years | South Carolina Code section 15-3-545 |
| South Dakota | 2 years | South Dakota Codified Laws section 15-2-14.1 |
| Tennessee | 1 yr / 3 yrs | Tennessee Code section 29-26-116 |
| Texas | 2 years | Texas Civil Practice and Rem. Code section 74.251 |
| Utah | 2 years | Utah Code section 78B-3-404 |
| Vermont | 3 years | 12 Vermont Statutes section 521 |
| Virginia | 2 years | Code of Virginia section 8.01-243 |
| Washington | 3 years | Rev. Code of Washington section 4.16.350 |
| West Virginia | 2 years | West Virginia Code section 55-7B-4 |
| Wisconsin | 3 years | Wisconsin Statutes section 893.55 |
| Wyoming | 2 years | Wyoming Statutes section 1-3-107 |
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.