How Long Do You Have To Sue for Medical Malpractice?

The statute of limitations puts a time limit on how long injured patients have to file a medical malpractice lawsuit. Courts apply statutes of limitations strictly. If you try to file a case after the deadline, you are out of luck.

There are some exceptions to the statute of limitations for medical malpractice, which may give you more time to file your case. To make sure you file your malpractice claim within the time frame, contact a medical malpractice lawyer as soon as possible.

Statute of Limitations and Filing Deadlines

Medical malpractice involves negligence by a medical professional who fails to follow their profession’s standard of care in providing medical treatment. Medical negligence could arise in surgical errors, misdiagnosis, mistaken prescription, birth injuries, and more.

The statute of limitations for medical malpractice cases limits how much time you have to file a lawsuit. Statutes of limitations for medical malpractice vary by state, but they are usually between two and four years from the date of injury.

“In Ohio, for example, the statute of limitations is quite short,” says Steve Crandall, a medical malpractice lawyer at Crandall & Pera Law in Cleveland, Ohio. “If it doesn’t involve a minor or a death, it’s only one year. It’s based on one of two things: It’s a year from when you knew or should have known there was malpractice. Or, it’s from the last time you saw the defendant — whichever is later.

“So, if a husband goes into an ER [and the doctors] don’t diagnose a heart attack, but he has one the next day, it would be a year after the heart attack because they probably aren’t seeing that same ER team ever again. Whereas, if it’s a surgical case and you check back in after three weeks, it’s extended those few weeks. But it’s still a short window; it’s pretty harsh.”

If you try to sue your healthcare provider after the statute of limitations has passed, the court can dismiss your case. It is essential to understand your state laws and when the clock starts ticking down.

State-by-State Comparison of Medical Malpractice Time Limits

The following is a general overview of the statute of limitations for medical malpractice in different states. States generally start the clock running from the date of the medical procedure or when the victim should have discovered the injury.

However, there are exceptions that may extend or limit the timeframe. That’s why it’s imperative to talk to a local medical malpractice attorney to find out how long you have to sue for compensation.

Alabama	2 years	Ala. Code § 6-2-38
Alaska	2 years	Alaska Stat. § 09.10.070
Arizona	2 years	A.R.S. § 12-542
Arkansas	2 years	A.C.A. § 16-114-103
California	1 or 3 years*	Cal. Civ. Proc. Code § 340.5
Colorado	2 years	C.R.S. § 13-80-102.5
Connecticut	2 years	C.G.S.A. § 52-584
Delaware	2 years	10 Del. C. § 8119
Florida	2 years	F.S.A. § 95.11(5)(c)
Georgia	2 years	O.C.G.A. § 9-3-33
Hawaii	2 years	Haw. Stat. § 657-7.3
Idaho	2 years	Idaho Code § 5-219
Illinois	2 years	735 I.L.C.S. § 5/13- 212
Indiana	2 years	I.C. § 34-11-2-4
Iowa	2 years	I.C.A. § 614.1
Kansas	2 years	K.S.A. § 60-513
Kentucky	1 year	413.140(1)(a)
Louisiana	1 year	L.S.A.-C.C. § 9:5628
Maine	3 years	24 M.R.S.A. § 2902
Maryland	3 years	Md. Cts. & Jud. Proc. Code § 5-101
Massachusetts	3 years	Mass. Ann. Laws Ch. 260 § 2A
Michigan	3 years	M.C.L. § 600.5805
Minnesota	4 years	M.S.A. § 541.076
Mississippi	2 years	M.C.A. § 15-1-36
Missouri	2 years	Mo. Rev. Stat. § 516.105
Montana	2 years	Mont. Stat. § 27-2- 205
Nebraska	2 years	Neb. Stat. § 44-2828
Nevada	3 years	N.R.S. § 41A.097
New Hampshire	3 years	N.H. Stat. Ann. § 508:4(I)
New Jersey	2 years	N.J.S.A. § 2A:14-2
New Mexico	3 years	N.M.S.A. § 41-5-13
New York	2 years and 6 months	N.Y. C.P.L.R. § 214-a
North Carolina	3 years	N.C.G.S.A. § 1-15
North Dakota	2 years	N.D.C.C. § 28-01-18
Ohio	1 year	O.R.C.A. § 2305.113(A)
Oklahoma	2 years	Okla. Stat. Tit. 12, § 95
Oregon	2 years	O.R.S. § 12.110
Pennsylvania	2 years	42 P.S. § 5524
Rhode Island	3 years	R.I.G.L. § 9-1-14.1
South Carolina	3 years	S.C. Code § 15-3- 545
South Dakota	2 years	S.D.C.L. § 15-2-14.1
Tennessee	1 year	Tenn. Code Ann. § 29-26-116
Texas	2 years	Tex. Civ. Prac. & Rem. Code Ann. § 16.003
Utah	2 years	U.C.A. § 78(B)-3-404
Vermont	3 years	Vt. Stat. Ann. Tit. 12, § 521
Virginia	2 years	Va. St. § 8.01-243(A)
Washington	1 or 3 years**	R.C.W.A. § 4.16.350
Washington, D.C.	3 years	D.C. Code § 12-301
West Virginia	1 or 3 years**	W. Va. Code § 55-2-12
Wisconsin	3 years	Wis. Stat. § 893.55
Wyoming	2 years	Wyo. Stat. § 1-3-107

* 3 years from the date of the injury or one year from discovery, whichever is earlier

** 3 years from the date of the injury or one year from discovery, whichever is later

When the Time Limit Starts

There is a grey area of the statute of limitations based on when a patient “reasonably should have discovered” the injury. “The statute that guides all med mal cases [in California] is Code of Civil Procedure 340.5,” says Bradley I. Kramer, a medical malpractice attorney in Beverly Hills.

“I’m paraphrasing, but the statute says: ‘In an action for injury or death against a health care provider, the time commencement of the action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence, should have discovered, the injury, whichever occurs first.’ You have to satisfy both. It has to be not only within one year of when you discover the injury or reasonably should have discovered the injury. And by injury, they usually mean the mistake. And also, not to exceed three years from the date of the injury, no matter what.

“When I talk to people, I ask, ‘When is the first time that you thought to yourself that someone had screwed up?'” says Kramer. “So more than a year from the time I reasonably, in my own head, say to myself, ‘I think you should have known or probably should have done some investigation at that time,’ is usually past the deadline.”

Exceptions to the Statute of Limitations

There are some exceptions to the statute of limitations that might extend the amount of time you have to start a lawsuit against a medical provider. These situations stop the clock on the required amount of time, including:

• Discovery rule and left-behind objects
• Continuing treatment
• Malpractice involving child patients
• Statutes of repose
• The healthcare provider committed fraud
• The healthcare professional intentionally concealed their negligence

The statute of limitations and tolling statutes vary from state to state. Talk to a medical malpractice lawyer as soon as you can to make sure you know the timeframe to take action.

Discovery Rule Exceptions

There may be an exception to your state’s medical malpractice statute of limitations known as the discovery rule. Under the discovery rule, the time limit begins to run from the date of discovery instead of the date of the injury. You need to show that you did not and could not reasonably discover the injury that resulted from medical malpractice until later. A reasonable person would not have discovered it under the same circumstances.

So, let’s say you had an operation in March 2025. You don’t discover something went wrong with your procedure until May 2025. Under the discovery rule, the time limit clock starts to run from May 2025.

One of the most common examples of the discovery rule exception is when a doctor leaves a foreign object inside the patient’s body during an operation. The patient might not know about a left-behind object for months or years after the surgery.

For example, a patient has an appendectomy to remove their appendix. They recover and go back to their everyday life. The state statute of limitations period is two years. Four years later, the patient started having severe abdominal pain. An X-ray shows that the surgeon had left gauze in the surgical wound.

In this case, the patient could not have discovered the malpractice until their X-ray four years later. In a state with the discovery rule, the clock does not start counting down until the patient discovers the foreign object injury. The patient would likely have more time to file a malpractice claim based on the late discovery of the injury.

Continuing Treatment Exceptions

In some states, the statute of limitations doesn’t start running while you are still receiving treatment from the medical provider who caused the injury. In these states, the statute of limitations only starts running down after you finish treatment with the provider who injured you.

The rationale for this exception has to do with the fact that patients usually have confidence in their doctors’ expertise during treatment. While they are still receiving treatment, patients might be less likely to question the doctor’s competence or judgment.

To illustrate this exception, suppose a patient sought treatment five years ago for high blood pressure. The doctor diagnosed the condition and recommended a medication regimen. However, the patient was unaware that their doctor gave them the incorrect dosage of the medication. The patient went on to receive ongoing treatment from the doctor for five years before suffering a stroke. The patient learns that they might not have had the stroke if they had received the proper dosage.

In this example, the statute of limitations does not start running down until after the patient ceases treatment with their doctor. Even if there was a two-year statute of limitations, the continuing treatment doctrine allows the patient to sue after the initial negligent medical care.

What Is a Statute of Repose?

A statute of repose places an absolute limit on your ability to file a medical malpractice lawsuit. While exceptions give you more time to sue, statutes of repose put hard time limits on any exceptions.

“The statute of repose basically says: No matter what the facts and circumstances are, you only have four years to bring a case forward,” Crandall adds.

“So, let’s say someone leaves a surgical towel in someone’s abdomen — so clearly they’re negligent — and it takes four years and a day before it begins to rot and cause pain. Then they collapse, go in, and someone notices it. In Ohio, that person wouldn’t have a claim. I had a case where an MRI was missed that showed a lesion in the person’s kidney. They didn’t see it. The cancer grew slowly, and she had a seizure. When they looked at the scan, she had huge brain, lung, and abdomen metastases. Thankfully, the seizure happened three years and 11 months later, so we were able to scramble to preserve the statute of limitations.”

However, even if your state has a statute of repose, there may still be exceptions to this rule. In Massachusetts, for example, the statute of repose does not apply in cases where a doctor leaves a foreign object inside the body.

Exceptions for Minors

Many states make exceptions to the statute of limitations for people who were under 18 years old when the malpractice occurred.

For example, a child who suffered a birth injury has severe medical conditions as a result. But an infant can’t file a lawsuit against their doctor. So, many states give minors until a certain age before starting the clock running. That age varies according to state law. In most states, the statute of limitations for medical malpractice starts when a minor turns 18. In other states, it can be as young as age six when the clock starts running.

For example, in California, there are special rules that apply when the victim of medical malpractice is a minor under the age of six. In these cases, the child’s parents can bring a medical malpractice suit within three years of the negligent act or prior to the child’s eighth birthday, whichever occurs later.

Wrongful Death Claims

In some serious medical error cases, the injured patient dies from their healthcare provider’s negligent care. In a fatal medical malpractice case, the injury victim is not alive to fight for their legal rights. However, surviving family members can recover compensation on behalf of their loved ones after a fatal medical negligence case with a wrongful death claim.

The statute of limitations for a wrongful death case may differ from the medical malpractice time limit. If a loved one died in a medical malpractice case, talk to your attorney about the time limit to file a wrongful death claim.

Strict Enforcement of the Statute of Limitations

Enforcement of statute of limitations is strict. Delays in reporting medical mistakes occur for many reasons, including struggling to pay the bills and worrying about proper medical care.

“There are a lot of times when someone is injured — say, a husband has a heart attack, and his wife has to handle everything. She’s buried for a long time. Then, 10 months later, she realizes maybe something was wrong and contacts a lawyer. We may only have 30 or 60 days to have it looked at,” Crandall says.

When a personal injury lawyer decides to take your case and file a medical malpractice claim, they must first seek out medical records and have an expert agree there’s a valid claim to secure an affidavit of merit. “It all takes time, which is why if someone comes to me with only a few days left, I rarely can take it,” Crandall says.

Filing a Medical Malpractice Claim

To recover for medical malpractice, you will need to show that the medical care you received fell below the expected standard of care. Treatment falls below the standard of care if a reasonably skilled medical professional under the same circumstances would have provided different treatment.

You must also show that this substandard care caused your injuries. An experienced medical malpractice attorney can review your case and determine whether you have a medical malpractice claim.

Sometimes, people just don’t realize malpractice took place at all, so a complaint never even makes it to an attorney. Crandall suggests a few red flags to look for and bring to the attention of an attorney:

• “If a doctor indicates that it’s a simple procedure and there’s an outrageously bad result.”
• “Anytime there’s a diagnosis of something where there was testing done before, then that didn’t catch it. That’s always a reason to call. A lot of times, people will have MRIs that are read as fine, then two years later, there’s a brain tumor. If you look back, sometimes it’s really obvious they just blew it.”
• “The other thing that should tip people off is communication errors — when doctors don’t get back in touch with you. You call, they don’t call back. You call, they don’t call back. Then you have a heart attack.”

If you have an inkling of malpractice involving yourself or a loved one, the time limit is ticking, and Crandall says, “You have to act right away.”

How an Attorney Can Help With a Medical Malpractice Case

Statutes of limitation seem like simple time limits. However, when you consider all the exceptions, figuring out your timeline to file a medical malpractice claim becomes much more complicated. An experienced medical malpractice attorney in your area can help you decide whether you can still file a claim.

Having skilled legal counsel on your side will also be essential for gathering evidence and building a case. Your medical professional will probably have support from their insurance company’s attorneys. An experienced lawyer on your side who knows how to present your case to the opposing side expertly.

Effective legal representation can help you achieve a fair settlement. Most medical malpractice cases end in a settlement. But your lawyer might need to take your case to trial if the insurance company won’t pay what you deserve.

How Will I Pay For a Medical Malpractice Lawyer?

Most medical malpractice lawyers offer a free consultation to help you get started. You can use this initial case review to ask for an estimate of your case’s value and ask about the attorney’s experience with cases like yours.

Most personal injury lawyers take medical malpractice cases on a contingency fee basis. This means you only pay the lawyer if you receive a settlement or verdict in your case. The attorney will then take a percentage of this award as their payment. You pay nothing upfront.

Some states limit how much an attorney can charge for a contingency fee. “For med mal, in California under the MICRA law, the fees are reduced,” Kramer says. “So we go from 25 to 15 percent.”

Kramer adds that these cases also tend to be complex and risky for attorneys. Medical records require specialists to interpret, not to mention expert testimony, if it goes to trial. All the while, the attorney needs to win in order to get paid. “I have to be very judicious in which cases I pay for initial experts because that can bankrupt a firm in no time,” he says.

Many medical malpractice attorneys offer a free case evaluation to review your case. During the initial case review, ask the attorney about their experience and fee structure.

Finding the Right Attorney For Your Needs

“In order to understand these claims, you have to, by definition, have someone who can understand medical terminology and how medical care is administered,” Kramer says. “Otherwise, you’re literally just going through the information that is not going to mean anything to you.”

“Every client calls me and says, ‘I have an amazing case that is a dead bang winner, black and white. You can’t lose.’ And I say, ‘There is no such thing as black-and-white medical malpractice,'” Kramer adds.

Visit the Super Lawyers directory to find a local medical malpractice attorney for legal advice.