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 Consult a Legal Pro 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.
