Medical malpractice deadlines in every state
Every state has a separate statute of limitations for claims against doctors, hospitals and other health care providers, and most pair it with a statute of repose. The first column is the ordinary deadline; the second is the outer limit that applies even if the patient could not have known about the error.[1][2][3]
| State | Deadline | Repose / outer limit | Statute and notes |
|---|---|---|---|
| Alabama | 2 years | 4 years after the act or omission; a child injured before age 4 has until the 8th birthday (§ 6-5-482(a)-(b)) | Ala. Code § 6-5-482(a)If the claim could not reasonably have been discovered within 2 years, suit may be filed within 6 months of discovery, but never more than 4 years after the act. |
| Alaska | 2 years | 10 years from the last act causing the injury (§ 09.10.055(a)), tolled while an undiscovered non-therapeutic foreign body remains in the patient (§ 09.10.055(c)) | Alaska Stat. §§ 09.10.070(a), 09.10.055No separate malpractice limitation statute; the general 2-year tort period applies. The 10-year repose does not apply to intentional acts, gross negligence, fraud or intentional concealment (§ 09.10.055(b)). |
| Arizona | 2 years | None in the statute | A.R.S. § 12-542(1)§ 12-542(1) expressly covers medical malpractice as defined in § 12-561. No statute of repose for medical malpractice. Minors get general minority tolling under § 12-502. |
| Arkansas | 2 years | None in the statute | Ark. Code Ann. § 16-114-203Foreign object left in the body: 1 year from discovery (or when it reasonably should have been discovered), if not discoverable within 2 years. A child 9 or younger at the time of the act has until the later of the 11th birthday or 2 years; if the injury was not reasonably discoverable before age 11, 2 years from discovery but no later than the 19th birthday. |
| California | 3 years3 years from injury or 1 year from discovery, whichever comes first | 3 years after the date of injury, except for fraud, intentional concealment, or a non-therapeutic foreign body left in the patient (§ 340.5) | Cal. Code Civ. Proc. § 340.5Minors: 3 years from the wrongful act; a child under 6 has until the later of 3 years or the 8th birthday (§ 340.5). The 1-year discovery period is the shorter of the two limits. |
| Colorado | 2 years | 3 years after the act or omission, except for an unauthorized foreign object, knowing concealment, or an injury and cause that could not reasonably have been known within 3 years (then 2 years from discovery) (§ 13-80-102.5) | Colo. Rev. Stat. § 13-80-102.5A child under 6 at the time of the act may sue any time before the 8th birthday. |
| Connecticut | 2 years | 3 years from the act or omission (§ 52-584); courts may toll it for a continuing course of treatment | Conn. Gen. Stat. § 52-584On petition to the court clerk, an automatic 90-day extension is granted to allow the reasonable inquiry required before suit (§ 52-190a). There is no minority tolling for malpractice claims. |
| Delaware | 2 years | 3 years from the injury when the injury was unknown and could not reasonably have been discovered within 2 years (§ 6856(1)) | 18 Del. C. § 6856; 10 Del. C. § 8128A child injured before age 6 has until the later of the normal deadline or the 6th birthday (§ 6856(2)). A Notice of Intent to investigate sent by certified mail extends the deadline by up to 90 days (§ 6856(4)). Sexual abuse of a child patient by a health-care provider has no time limit (§ 6856(3)). |
| District of Columbia | 3 years | None in the statute | D.C. Code §§ 12-301(a)(8), 16-2802, 16-2803A written notice of intent must be served at least 90 days before suit (§ 16-2802). If it is served within 90 days of the deadline, the deadline is extended 90 days from service (§ 16-2803). No statute of repose. |
| Florida | 2 years | 4 years from the incident; up to 7 years if fraud, concealment or intentional misrepresentation prevented discovery (§ 95.11(5)(c)) | Fla. Stat. § 95.11(5)(c)The 4- and 7-year limits do not bar an action brought for a minor on or before the child's 8th birthday. Mailing the presuit notice of intent tolls the period during the 90-day presuit investigation (§ 766.106(4)). |
| Georgia | 2 years | 5 years from the negligent act or omission (§ 9-3-71(b)) | O.C.G.A. § 9-3-71(a)Foreign object left in the body: 1 year from discovery, and the 2-year and 5-year limits do not apply (§ 9-3-72). Children injured before age 5 have until their 7th birthday, with an outer limit of the 10th birthday (§ 9-3-73). |
| Hawaii | 2 years2 years from discovery | 6 years from the act or omission, tolled while the provider fails to disclose a known act, error or omission (§ 657-7.3(a)) | Haw. Rev. Stat. § 657-7.3Covers physicians, surgeons, dentists, nurses, chiropractors, psychologists, hospitals and other listed providers. Minors: 6 years from the act, or until the 10th birthday for a child under 10, whichever is longer, with tolling for fraud, collusion or undiscoverable injury (§ 657-7.3(b)). |
| Idaho | 2 years | None in the statute | Idaho Code § 5-219(4)Foreign object left in the body, or fraudulent concealment: 1 year from when the patient knew or should have known, or 2 years from the act, whichever is later. No separate statute of repose. |
| Illinois | 2 years2 years from discovery, no more than 4 years after the act | 4 years from the act or omission (§ 13-212(a)), except fraudulent concealment (§ 13-215) | 735 ILCS 5/13-212(a)Applies to physicians, dentists, registered nurses and hospitals. Injured minors: 8 years from the act, but never after the 22nd birthday (§ 13-212(b)). Other legal disability delays the start until it is removed (§ 13-212(c)). |
| Indiana | 2 years | None in the statute | Ind. Code § 34-18-7-1(b)Applies regardless of minority or disability, except that a child under 6 has until the 8th birthday (§ 34-18-7-1). Indiana courts allow a claim filed within a reasonable time after discovery when the malpractice could not reasonably have been discovered within the 2 years (Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999)). Most claims must first go to a medical review panel through the Department of Insurance. |
| Iowa | 2 years2 years from discovery | 6 years from the act or omission, unless a foreign object was unintentionally left in the body (§ 614.1(9)(a)) | Iowa Code § 614.1(9)Applies to physicians, dentists, podiatrists, optometrists, pharmacists, chiropractors, physician assistants, nurses and hospitals. A child injured before age 8 has until the 10th birthday or the normal period, whichever is later (§ 614.1(9)(b)). |
| Kansas | 2 years | 4 years from the act (§ 60-513(c)) | K.S.A. § 60-513(a)(7), (c)Applies to claims against health care providers not arising on contract. Minors: 1 year after turning 18, but never more than 8 years after the act (§ 60-515(a)). |
| Kentucky | 1 year | 5 years from the date of the negligent act or omission (KRS 413.140(2)) | KRS 413.140(1)(e), (2)Applies to physicians, surgeons, dentists and licensed hospitals. Infancy tolling under KRS 413.170 covers KRS 413.140 actions. |
| Louisiana | 1 year1 year from the act or from discovery, but no more than 3 years from the act | 3 years from the date of the alleged act, omission or neglect | La. R.S. 9:5628Act 423 of 2024 did not change medical malpractice; it stays at 1 year. The period applies to minors as well. Claims against qualified providers generally go to a medical review panel first, and filing the panel request suspends prescription. |
| Maine | 3 years | None in the statute | 24 M.R.S. § 2902Discovery rule only for a foreign object left in the body. Minors: within 6 years of accrual or 3 years after reaching majority, whichever comes first. A notice of claim and prelitigation screening panel are required; the period is tolled from the notice until 30 days after the panel's findings (24 M.R.S. § 2859). |
| Maryland | 3 years5 years from the injury or 3 years from discovery, whichever is earlier | 5 years from the time the injury was committed (§ 5-109(a)(1)) | Md. Code, Cts. & Jud. Proc. § 5-109y/m/d show the 3-year discovery period; the 5-year outer limit always applies. If the patient was under 11, the clock starts at age 11 (age 16 for reproductive-system injuries or foreign objects). Filing with the Health Care Alternative Dispute Resolution Office counts as filing the action (§ 5-109(d)). |
| Massachusetts | 3 years | 7 years from the act or omission, except a foreign object left in the body (c. 260, § 4) | M.G.L. c. 260, § 4Applies to physicians, surgeons, dentists, optometrists, hospitals and sanitoria. Minors have special rules (c. 231, § 60D), and a 182-day written notice is required before suit (c. 231, § 60L). |
| Michigan | 2 years2 years from the act or omission, or 6 months from discovery, whichever is later | 6 years from the act or omission, except fraudulent concealment by the provider or loss of the ability to procreate (§ 5838a(2)) | MCL 600.5805(8); 600.5838aThe plaintiff must prove the claim was not and should not have been discovered at least 6 months before the 2 years ran. A written notice of intent must be given at least 182 days before suit (§ 600.2912b); notice given near the deadline tolls it for the rest of the notice period (§ 600.5856(c)). Children injured before age 8 have until their 10th birthday or the normal period, whichever is later (§ 600.5851(7)). |
| Minnesota | 4 years | None in the statute | Minn. Stat. § 541.076Applies to malpractice claims against physicians, dentists, hospitals and other health care providers, in contract or tort. Minors: tolling capped at 7 years, or 1 year after turning 18 (§ 541.15(b)). |
| Mississippi | 2 years2 years from discovery | 7 years from the act or omission, except a foreign object left in the body or fraudulent concealment (§ 15-1-36(2)(a), (b)) | Miss. Code Ann. § 15-1-36(2)Covers physicians, osteopaths, dentists, hospitals, nursing homes, nurses, pharmacists, podiatrists, optometrists and chiropractors. A child 6 or younger at discovery has until 2 years after the 6th birthday (§ 15-1-36(3)). Written notice at least 60 days before suit is required (§ 15-1-36(15)). |
| Missouri | 2 years | 10 years from the act of neglect, or the minor's 20th birthday if later (§ 516.105.1) | Mo. Rev. Stat. § 516.105Foreign object left in the body and failure to inform of test results: 2 years from discovery or when it should have been discovered. Minors under 18 have until their 20th birthday. |
| Montana | 2 years | 5 years from the date of injury, tolled while the provider fails to disclose a known act, error or omission (§ 27-2-205(1)) | Mont. Code Ann. § 27-2-205(1)Child injured before age 4: the period starts at the 8th birthday or death (§ 27-2-205(2)). Ch. 709, L. 2025 adds § 27-2-219 (eff. Oct 1, 2026): claims for gender transition treatment received as a minor may be filed until age 25 or 2 years after discovery, never after age 30. |
| Nebraska | 2 years | 10 years from the date the professional service was rendered or should have been rendered (§ 44-2828) | Neb. Rev. Stat. § 44-2828If the claim could not reasonably be discovered within 2 years, suit may be filed within 1 year of discovery. Same rule for other professional negligence (§ 25-222). Minority tolling under § 25-213 applies. |
| Nevada | 3 years3 years from injury or 2 years from discovery, whichever comes first | 3 years from the date of injury, tolled while the provider conceals the act, error or omission (§ 41A.097(3)-(4)) | Nev. Rev. Stat. § 41A.097(3)AB 404 (2023) lengthened the discovery period from 1 to 2 years for injuries on or after October 1, 2023; injuries from Oct 1, 2002 to Sept 30, 2023 keep 3 years / 1 year (§ 41A.097(2)). |
| New Hampshire | 3 years | None in the statute | N.H. Rev. Stat. Ann. § 508:4, IMedical injury claims use the general 3-year personal action period with its discovery rule; no separate statute of repose was found. Minors may sue within 2 years after turning 18 (§ 508:8). |
| New Jersey | 2 years | None in the statute | N.J. Stat. Ann. § 2A:14-2Injuries to a minor at birth: suit must be filed before the child's 13th birthday (§ 2A:14-2(a)). Other injuries to minors are tolled until 18 (§ 2A:14-21). No statute of repose. |
| New Mexico | 3 years | None in the statute | N.M. Stat. Ann. § 41-5-13Occurrence rule for health care providers covered by the Medical Malpractice Act. Minors and incapacitated persons have 1 year after reaching majority or the end of incapacity (amended by Laws 2021, ch. 16). |
| New York | 2 years 6 months2½ years | Failure to diagnose cancer: no later than 7 years after the act or omission; infants: no later than 10 years after accrual (CPLR 208(a)) | N.Y. C.P.L.R. § 214-aForeign object left in the body: 1 year from discovery. Failure to diagnose cancer (Lavern's Law, 2018): 2½ years from when the patient knew or should have known. |
| North Carolina | 3 years | 4 years from the last act; 10 years for a foreign object left in the body (§ 1-15(c)) | N.C. Gen. Stat. §§ 1-15(c), 1-52(5)If the injury was not readily apparent and is discovered 2 or more years after the last act, suit may be filed within 1 year of discovery, but never more than 4 years after the last act. Foreign object: 1 year from discovery, max 10 years. S.L. 2025-84 (HB 805, effective July 29, 2025) set a separate, longer period in another statute for claims arising from gender transition procedures. |
| North Dakota | 2 years | 6 years from the act or omission for claims against a physician or licensed hospital, unless discovery was prevented by their fraudulent conduct (§ 28-01-18(3)) | N.D. Cent. Code § 28-01-18(3)For minors, the infancy extension in professional malpractice cases is capped at 12 years (§ 28-01-25). |
| Ohio | 1 year | 4 years from the act or omission (§ 2305.113(C)); if the injury could not have been discovered within 3 years but is discovered before year 4 ends, 1 year from discovery; foreign object: 1 year from discovery (§ 2305.113(D)) | Ohio Rev. Code § 2305.113(A)A written notice sent before the 1-year period ends allows suit within 180 days after the notice (§ 2305.113(B)). The 4-year repose does not apply to minors or persons of unsound mind (§ 2305.113(C)). Covers medical, dental, optometric and chiropractic claims. |
| Oklahoma | 2 years | None in the statute | Okla. Stat. tit. 76, § 18Applies to physicians, health care providers and hospitals, whether in tort or contract. Minors under 12: parent or guardian must sue within 7 years of the injury; minors 12 and older: within 1 year after turning 18, but never less than 2 years from the injury (tit. 12, § 96). |
| Oregon | 2 years | 5 years from the treatment, omission or operation, even for minors; if fraud or misleading representation prevented suit, 2 years from discovery of the fraud (§ 12.110(4)) | Or. Rev. Stat. § 12.110(4)Covers medical, surgical and dental treatment. The 5-year repose applies "notwithstanding" the minority tolling statute (§ 12.160). |
| Pennsylvania | 2 years | MCARE § 513(a) sets 7 years from the act (none for a foreign object left in the body), but the Pa. Supreme Court held the 7-year repose unconstitutional in Yanakos v. UPMC (2019) | 42 Pa.C.S. § 5524(2); 40 P.S. § 1303.513 (MCARE Act § 513)For minors, MCARE § 513(c) bars claims after the later of 7 years from the act or age 20. Death and survival claims based on malpractice: 2 years after death unless the cause of death was misrepresented or concealed (§ 513(d)). |
| Rhode Island | 3 years | None in the statute | R.I. Gen. Laws § 9-1-14.1Minors: if no suit is brought within 3 years, the action may be brought any time up to age 21 (§ 9-1-14.1(1)). Mental incompetence: 3 years after the disability is removed. No statute of repose. |
| South Carolina | 3 years | 6 years from the date of occurrence (§ 15-3-545(A)); foreign object or negligently placed device: 2 years from discovery, but never less than 3 years from placement (§ 15-3-545(B)) | S.C. Code § 15-3-545(A)For minors, tolling is limited to 7 years and to no more than 1 year after reaching majority (§ 15-3-545(D)). |
| South Dakota | 2 years | None in the statute | SDCL § 15-2-14.1Occurrence-based statute; courts apply a continuing-treatment doctrine. Covers physicians, dentists, hospitals, nurses, chiropractors and other healing-arts practitioners. No separate statute of repose. |
| Tennessee | 1 year | 3 years from the negligent act or omission, except fraudulent concealment (1 year from discovery) or a foreign object left in the body (§ 29-26-116(a)(3), (4)) | Tenn. Code Ann. § 29-26-116(a)Called "health care liability" in Tennessee. Written pre-suit notice at least 60 days before filing (which extends the deadline by 120 days) and a certificate of good faith are required (§§ 29-26-121, -122). |
| Texas | 2 years | 10 years from the act or omission (§ 74.251(b)) | Tex. Civ. Prac. & Rem. Code § 74.251(a)Applies regardless of minority, except children under 12 have until their 14th birthday. Pre-suit notice tolls the period for 75 days (§ 74.051(c)). |
| Utah | 2 years | 4 years after the act, omission or occurrence (§ 78B-3-404(1)) | Utah Code § 78B-3-404(1)Foreign object left in the body or fraudulent concealment: 1 year from discovery (§ 78B-3-404(2)). |
| Vermont | 3 years3 years from the incident or 2 years from discovery, whichever is later | 7 years from the incident; no limit where fraudulent concealment prevented discovery; foreign objects: 2 years from discovery (§ 521) | 12 V.S.A. § 521Minors' tolling under § 551 still applies (§ 521). |
| Virginia | 2 years | The extensions in § 8.01-243(C) cannot extend the period beyond 10 years from accrual | Va. Code § 8.01-243(A), (C)Extended to 1 year from discovery for a foreign object left in the body, for fraud or concealment that prevented discovery, and for negligent failure to diagnose cancer or certain schwannomas (§ 8.01-243(C)). |
| Washington | 3 years | None in the statute | RCW 4.16.350The statute's 8-year repose period was held unconstitutional in Bennett v. United States (Wash. Dec. 7, 2023), as in DeYoung v. Providence Medical Center (1998). Fraud, intentional concealment or a foreign body tolls the period until actual knowledge, then 1 year. |
| West Virginia | 2 years | 10 years from the date of medical injury (§ 55-7B-4(a)–(b)) | W. Va. Code § 55-7B-4(a)Nursing homes, assisted living facilities and certain skilled nursing units: 1 year (§ 55-7B-4(b), codified by 2022 amendments). Fraud or concealment by the provider tolls the period (§ 55-7B-4(d)). Pre-suit notice and screening certificate required (§ 55-7B-6). |
| Wisconsin | 3 years | 5 years from the act or omission for the discovery branch (§ 893.55(1m)(b)) | Wis. Stat. § 893.55(1m)Concealment by the provider or a foreign object left in the body: 1 year from discovery if later (§ 893.55(2)–(3)). |
| Wyoming | 2 years | None in the statute | Wyo. Stat. § 1-3-107(a)(i)If discovered during the second year, the deadline is extended by 6 months (§ 1-3-107(a)(iv)). The same rule covers other licensed professionals (lawyers, accountants, etc.). No separate statute of repose. |
The discovery rule in malpractice cases
In most states the malpractice clock starts when the patient discovered, or reasonably should have discovered, both the injury and that it may have been caused by treatment. 47 jurisdictions apply some form of this rule to malpractice. The rest start the clock at the date of the negligent act, sometimes with exceptions for continuing treatment or for foreign objects left in the body. Texas, for example, counts from the date of the breach or the end of the course of treatment, not from discovery.[4]
New York shows how the details matter: the general period is 2½ years from the act or the end of continuous treatment, with a one-year-from-discovery rule for foreign objects and, since Lavern’s Law (2018), a discovery rule for missed cancer diagnoses that is capped at 7 years from the act.[3]
Statutes of repose: the hard stop
A statute of repose sets a maximum period after the treatment, typically 3 to 10 years, after which no claim can be brought even if the injury was undiscoverable. Florida’s is 4 years, extended to 7 years where fraud or intentional concealment prevented discovery.[1] Illinois allows 2 years from discovery but no more than 4 years after the act.[5] California’s outer limit is 3 years from the injury, with tolling only for fraud, intentional concealment or a foreign body.[2]
Minors and medical malpractice
Most states do not give injured children the full “wait until 18” tolling in malpractice cases. Common rules are a fixed outer date (for example, by the child’s 8th or 10th birthday), or a cap on tolling such as New York’s 10-year limit. The table notes each state’s rule where the statute sets one; the statute of limitations calculator deliberately does not extend malpractice deadlines automatically for minors.
Pre-suit requirements that eat into the deadline
Many states require steps before a malpractice suit can be filed: a notice of intent to sue (often 60 to 182 days before filing), a certificate or affidavit of merit from a qualified expert, or review by a medical panel. Some of these steps pause the deadline and some do not. Michigan, for example, requires a notice of intent 182 days before suit. California requires 90 days’ notice before suit; notice served in the last 90 days of the period extends it.
Examples
- A misread scan in January 2024 is discovered in March 2025. In a state with 2 years from discovery and a 4-year repose cap, the deadline is March 2027, and in no case later than January 2028.
- A surgical sponge left in a patient in 2018 is found in 2026. Many states have a foreign-object exception that runs from discovery even after the repose period; others do not.
State detail: the medical malpractice statute of limitations in California (MICRA), the Florida statute of limitations, and the statute of limitations for New York. Deaths caused by malpractice may follow the wrongful death statute of limitations or the malpractice rule, depending on the state.
Frequently asked questions
What is the statute of limitations of medical malpractice?
It is the deadline to sue a doctor or hospital for negligent care: 2 years in 31 jurisdictions and 3 years in 14, from 1 year to 4 years overall. Most states also cap the time with a statute of repose.
Does the medical malpractice clock start when I found out?
In 47 jurisdictions a discovery rule applies at least in part, but the repose cap still runs from the treatment date. In the others, the clock starts at the act or the end of treatment.
Can a child sue for medical malpractice years later?
Often yes, but usually not as long as for other injuries. Many states set a deadline tied to the child’s 8th or 10th birthday or cap minority tolling; check the note for your state.
Does a notice of intent to sue extend the deadline?
In some states. California and Florida, for example, extend or toll the period while the required pre-suit notice runs; other states do not. Read your state’s statute or ask a malpractice attorney early, because pre-suit steps take months.
Sources
- Fla. Stat. § 95.11(5)(c): medical malpractice limitation period
- Cal. Code Civ. Proc. § 340.5: medical malpractice limitation period
- N.Y. C.P.L.R. § 214-a: medical malpractice limitation period
- Tex. Civ. Prac. & Rem. Code § 74.251(a): medical malpractice limitation period
- 735 ILCS 5/13-212(a): medical malpractice limitation period