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There is a limited amount of time within which a patient can make a medical malpractice claim against a medical professional. While the actual statutes of limitations for these claims vary by state, you will always have at least a year after the injury has taken place. The list below contains the statute of limitations for each state. Note that in many states, the statute contains considerations regarding when a patient discovered or realized medical negligence occurred. This is referred to as the discovery rule. 

In some states, such as Florida, the statute of limitations varies depending on the type of injury or when the injury was discovered. These states are noted with an asterisk.

These times are for your reference only. If you believe you have a medical malpractice claim, you should find an attorney immediately.

State Statute of Limitation
Alabama* 2 or 4 years
Alaska 2 years
Arizona 2 years
Arkansas 3 years
California* 1 or 3 years
Colorado 2 years
Connecticut* 2 or 3 years
D.C. 3 years
Delaware 2 years
Florida* 2 or 4 years
Georgia 2 years
Hawaii* 2 or 6 years
Idaho 2 years
Illinois 2 years
Indiana 2 years
Iowa 2 years
Kansas 2 years
Kentucky 1 year
Louisiana 1 year
Maine 3 years
Maryland* 3 or 5 years
Massachusetts 3 years
Michigan 2 years
Minnesota 4 years
Mississippi* 2 or 7 years
Missouri* 2 or 10 years
Montana 3 years
Nebraska 2 years
Nevada* 2 or 4 years
New Hampshire 3 years
New Jersey 2 years
New Mexico 3 years
New York 2 and a half years
North Carolina* 3 to 10 years
North Dakota 2 years
Ohio* 1 or 4 years
Oklahoma 2 years
Oregon 2 years
Pennsylvania 2 years
Rhode Island 3 years
South Carolina 3 years
South Dakota 2 years
Tennessee 1 years
Texas 2 years
Utah 2 years
Vermont 3 years
Virginia* 2 to 10 years
Washington 3 years
West Virginia 2 years
Wisconsin 3 years
Wyoming 2 years

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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