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Medical Malpractice Statute of Limitations by State
Understanding the statute of limitations for medical malpractice is crucial for anyone considering legal action against healthcare providers. Each state has specific laws that dictate the timeframe within which a claimant must file their lawsuit, and the time limit can vary significantly depending on local regulations.
As you navigate through these complex legal matters, it’s essential to work with an experienced medical malpractice attorney. Rosenfeld Injury Lawyers is here to handle your medical malpractice case and make sure it’s filed within the applicable statute of limitations.
Understanding Medical Malpractice
Medical malpractice occurs when a doctor or other healthcare provider engages in medical negligence by delivering incompetent care and harming a patient.
To establish medical malpractice, it must be proven that the standard of care expected from medical professionals was not met, and that this breach caused physical, emotional, or financial suffering.
Common examples include:
- Medical Errors: These are mistakes made in diagnosing or treating patients due to negligence. Common examples include prescription errors, failure to conduct appropriate follow-up tests, and flaws in patient history taking that could have informed better treatment.
- Surgical Mistakes: Examples may include leaving instruments inside a patient’s body after surgery, performing surgeries on the wrong site, leaving a foreign object inside the body, or failing to monitor vital signs during an operation.
- Misdiagnosis: Misdiagnosis occurs when a physician incorrectly identifies an illness, potentially delaying proper treatment which adversely impacts health consequences.
The Medical Malpractice Statute of Limitations
The medical malpractice statute of limitations refers to the legal time frame within which a patient must file a lawsuit after being injured due to negligent medical care. This period varies by state, typically ranging from two to five years.
How the Statute of Limitations for Medical Malpractice Works
The statute of limitations for medical negligence typically begins to run from the date of the alleged negligent medical treatment or, in some cases, when the injury was discovered. This discovery rule is essential because injuries may not always be immediately apparent following a procedure or treatment.
Medical Malpractice Statute of Limitations by State
Understanding the statute of limitations for medical malpractice claims is critical, as it varies significantly across jurisdictions. Each state’s civil procedure section outlines specific statutes governing the timeframes within which a lawsuit must be filed.
Below is a breakdown of the medical malpractice statute of limitations by state, including general deadlines, damage caps, discovery rules, and other exceptions.
| State | Deadline | Discovery Rule | Exceptions | Code | Damage Caps |
|---|---|---|---|---|---|
| Alabama | 2 years | The injured party has 6 months from the date they discovered, or should have reasonably discovered, the cause of action. | Minors: Statute of limitations is 4 years. Minors Under 4: Can file until their 8th birthday. | Alabama Code § 6-5-482 | None |
| Alaska | 2 years | The statute of lmitations won’t begin until the date you discover – or could reasonably have been expected to discover – that you were harmed from medical malpractice | Minor: Within 2 years and 1 day of their 18th birthday to file. Foreign Object: Statute of limitations is tolled until the foreign object is discovered. | AS § 09.10.070(a)(2) | $250,000 for non-economic damages and $400,000 in cases involving severe impairment (higher than 70%) and wrongful death. |
| Arizona | 2 years | The statute of lmitations won’t begin until the date you discover – or could reasonably have been expected to discover – that you were harmed from medical malpractice | Minor: Within 2 years of their 18th birthday to file. Disability: Statute of limitations is tolled until the injured party is no longer legally disabled. | Arizona Revised Statutes § 12-542 | None |
| Arkansas | 2 years | Foreign Object: If a foreign object like a medical instrument or sponge is discovered in the body, deadling is 1 year from the date the object is or reasonably should have been discovered. Minors: Injured parties under 18 have 3 years from their 18th birthday. For injured parties under 9, the statute of limitations is paused until they turn 11 or begins within two years of the injury, whichever is later, | Arkansas Code § 16-114-203 | None | |
| California | 1 year after discovery or 3 years after the date of the injury – whichever comes first | The statute of limitations is within 1 year of the discovery of the injury, but cannot be filed more than 3 years after it occurred. | Minor: If an injured party is under 6 years old, the parents have until either 3 years after the incident or until the child’s 8th birthday, whichever is later, to file a lawsuit. Foriegn Objects: For foreign objects left inside the body, lawsuits may be filed within 1 year of discovery. Fraud/Concealment: If medical malpratice is not discovered because of fraud or concealment, the statute of limitations is tolled during this time. | California Code of Civil Procedure § 340.5 | Non-fatal injuries have a cap of $390,000, while cases involving wrongful death have a $550,000 cap. Each year the caps will increase annually by $40,000 for personal injuries and $50,000 for wrongful deaths until they reach $750,000 and $1 million by 2034, respectively, with future adjustments of two percent per year for inflation. Cases filed before January 1, 2023, remain subject to the previous $250,000 cap. |
| Colorado | 2 years | The statute of limitations begins when you discover – or could reasonably have been expected to discover – that you were harmed by a medical error, but cannot be filed more than 3 years after the injury. | Minors Under 6yo: Children under 6 must file a claim before they turn 8. Foriegn Objects: For foreign objects left inside the body, statute of limitations doesn’t begin until date of discovery or when it should have reasonably been discovered Fraud/Concealment: If medical malpratice is not discovered because of fraud or concealment, the statute of limitations is tolled during this time. | Colorado Revised Statutes § 13-80-102.5 | $300,000 for non-economic damages, increasing to $875,000 over the next 5 years. |
| Connecticut | 2 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 3 years after the injury. | Minor: Statute of limitations does not begin until the child turns 18. Foreign Object: If a surgical instrument or foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Gen. Stat. of Connecticut § 52-584 | None |
| Delaware | 2 years | If the injury was unknown to and could not in the exercise of reasonable diligence have been discovered, the statute of limitations begins on the date of discovery, but cannot be filed more than 3 years after the date of the malpractice. | Minors Under 6yo: If a child under 6 years old suffers harm, a medical malpractice action can be filed within 2 years of the injury or by the child’s 6th birthday, whichever is longer. Foreign Object: If a foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Title 18 Delaware Code § 6856 | None |
| Florida | 2 years | You must file within 2 years of when you discovered the injury or should have discovered it through due diligence, but your claim cannot be filed more than 4 years after the date of the malpractice. | Minor: Injured minors may file within 2 years of discovery up until their 8th birthday. Foreign Object: If a surgical instrument or foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Florida Statutes § 95.11(4)(b) | Punitive damages are capped at 3 times the value of the compensatory damages (both economic and noneconomic) awarded to each claimant or $500,000. |
| Georgia | 2 years | The statute of limitations begins when the injury was discovered or should have been discovered, but must be filed within 5 years of the malpractice. | Minors: Minors under the age of 5 must file within 2 years of their 5th birthday. Foreign Object: In cases where a foreign object was left inside the body, victims must file their claim within 1 year of discovery or when the object should have been discovered. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Code of Georgia § 9-3-71 | $250,000 cap on punitive damages. |
| Hawaii | 2 years | The statute of limitations begins from the date the malpractice is disocvered or should have been discovered through reasonable diligence. | Minors: Minors have 6 years from the date of the wrongful act. For minors under 10yo, the claim must be filed within 6 years or by their 10th birthday, whichever is later. | Hawaii Revised Statutes § 657-7.3 | $375,000 for non-economic damages in most cases. |
| Idaho | 2 years | Minors: For those under 18, they have until they turn 18 or 6 years from when the cause of action arose, whichever comes first. Foreign Objects: For objects left inside the body and when the patient’s injury has been fraudulently and knowingly concealed, they have 1 year from the date of discovery or 2 years from the date of the injury, whichever is later. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations is 1 year from when the injured party discovers or should have reasonably discovered the injury. | Idaho Statutes § 5-219 | $250,000 for non-economic damages in most cases. | |
| Illinois | 2 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the event. | Minors: Patients under 18 have up to 8 years from the date of the treatment to file a claim, but they must file before their 22nd birthday. Foreign Object: If a surgical instrument or foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations is 5 years from when the injured party discovers or should have reasonably discovered the injury. | Illinois Comp. Statutes § 5/13-212(a) | None |
| Indiana | 2 years | If the discovery of malpractice occurs after the standard deadline, you generally have 2 years from the date of discovery to file, but if discovered shortly before the deadline, courts will only allow a “reasonable” time to file. | Minors: If the injured party was under 6 years old, a lawsuit can be filed at any time before the child’s 8 birthday. Foreign Object: In cases where a foreign object was left inside the body, victims must file their claim within 2 years of discovery or when the object should have been discovered. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Indiana Code § 34-18-7-1 | $1.8 million cap on total damages for injuries occurring after July 1, 2019. |
| Iowa | 2 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the event. | Minors: If the injured party is under 8 years old, the lawsuit must be filed by their 10th birthday or within 2 years from the date of the injury, whichever is later. Foreign Object: When foreign object is left inside the patient’s body, the statute of limitations is tolled until discovery. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Iowa Code section 614.1 | $2 million in lawsuits against hospitals and $1 million in lawsuits against clinics and individual doctors for non-economic damages. |
| Kansas | 2 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the event. | Minors: The statute of limitations begins when the minor turns 18. Foreign Object: When foreign object is left inside the patient’s body, the statute of limitations is tolled until discovery. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Kansas Statutes section 60-513 | $250,000 cap on non-economic damages for cases that occurred from July 1, 1988, to July 1, 2014, $300,000 from July 1, 2014, to July 1, 2018, $325,000 from July 1, 2018, to July 1, 2022, and $350,000 for actions accruing on or after July 1, 2022. |
| Kentucky | 1 year | The statute of limitations begins when you discovered or should have discovered the medical malpractice. | Minors: Injured parties under 18 have 1 year from your 18th birthday or 1 year from the date of discovery, whichever is later. | Kentucky Revised Statutes section 413.140 | None |
| Louisiana | 1 year | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 3 years after the event. | Foreign Object: When foreign object is left inside the patient’s body, the statute of limitations 1 year from the date of discovery. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. | Louisiana Revised Statutes section 9:5628 | $500,000 total damages and the cost of future medical expenses. |
| Maine | 3 years | For objects left inside the body, they 3 years from the date of discovery. | Minors: A medical malpractice lawsuit for a minor must be filed within 6 years of the malpractice or by the child’s 21st birthday, whichever comes first. Fraudulent Concealment: The statute of limitations may be extended if the defendant fraudulently concealed the malpractice, delaying the patient’s discovery of the wrongdoing. Legal Disability: The statute of limitations begins when the victim regains competency. Foreign Object: If the claim involves a foreign object left in a minor’s body, the statute of limitations begins once the object is discovered. | Maine Revised Statutes Title 24 section 2902 | For wrongful death cases resulting from medical malpractice, there is a cap of $750,000 on non-economic damages and a $500,000 cap on punitive damages |
| Maryland | 5 years | 3 years after discovery (up to 5 years) | Minors: Statute of limitations begins when the victim turns 18. Fraudulent Concealment: The statute of limitations may be extended if the defendant fraudulently concealed the malpractice, delaying the patient’s discovery of the wrongdoing. | Maryland Cts & Jud. Proc. Code section 5-109 | $890,000 as of 2024 cap on non-economic damages, which increases annually by $15,000 |
| Massachusetts | 3 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 7 years after the event. | Foreign Objects: For foreign objects left inside the body, the statute of limitations is 3 years from the date of discovery. Minor Under 6yo: Minors under the age of 6 have until their 9th birthday to file. Fraudulent Concealment: Statute of limitations is tolled until the injured party discovers the injury. Disability: The statute of limitations is tolled until the defendant is no longer has a disability. | Massachusetts General Laws Ch. 260 section 4 | $500,000 cap on non-economic damages unless there is disfigurement or permanent loss of bodily function |
| Michigan | 2 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the event. | Minors: If the victim is a minor (under 18), they generally have until their 10th birthday to file a lawsuit. Fraudulent Concealment: In cases where the defendant fraudulently concealed the error or the malpractice caused permanent reproductive harm leading to infertility, the statute of limitations is the date of discovery and the 6-year deadline does not apply. | Michigan Comp. Laws section 600.5805 | Non-economic damages are capped at $280,000, rising to $500,000 for serious injuries, which are adjusted annually; as of 2024, these caps are $569,000 and $1,016,500, respectively. |
| Minnesota | 4 years | No discovery rule | Minor: When a minor is injured due to medical malpractice, the statute of limitations is suspended until the victim turns 18 or for a maximum of 7 years, whichever is shorter, and in no case can it be extended beyond 7 years or more than 1 year after the victim’s 18th birthday. Foreign Objects: The statute of limitations does not begin running until the dat of discovery. | Mississippi Code section 15-1-36(1) | None |
| Mississippi | 2 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 7 years after the event. | Foreign Objects: The statute of limitations does not begin running until the dat of discovery. Minors: A patient who was under 6 years old at the time of the incident can file a lawsuit within 2 years of their 6 birthday. Fraudulent Concealment: The statute of limitations does not begin running until the dat of discovery. | Mississippi Code section 15-1-36(1) | $1 million on non-econmic damages, no cap on economic damages. |
| Missouri | 2 years | Minors: Minors have until their 20th birthday to file. Foreign Objects: For foreign objects left inside the body, the statute of limitations begins on the date of discovery or when the malpractice should have been discovered. Failure to Inform About Medical Tests: Where malpractice involves failing to inform the patient of medical test results, the statute of limitations begins on the date of discovery or when the malpractice should have been discovered. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. | Missouri Revised Statutes section 516.105 | As of 2024, non-economic damages are capped at $465,531 for non-catastrophic injuries and $$814,679 for catastrophic injuries. | |
| Montana | 3 years | The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 5 years after the event. | Minors: For minors over the age of 4, the deadline is 5 years from the date of their injury; for minors under 4, the 5-year period begins on their 8th birthday. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. | Montana Code section 27-2-205 | Non-economic damages are capped at $250,000. |
| Nebraska | 2 years | The statute of limitations is 1 year from when you discovered or should have discovered the medical malpractice, but cannot be filed more than 10 years after the event. | Minor: If the victim was under 21 when the incident occurred, the statute of limitations begins on their 21st birthday. Disability: Statute of limitations begins running once the disability is removed. | Nebraska Revised Statutes section 44-2828 | Non-economic damages are capped at $1 million when an independent clinic is involved and $2 million when a hospital is involved. |
| Nevada | 3 years | As of October 1, 2023, medical malpractice lawsuits for injuries and deaths must be filed within the earlier of 3 years from the injury date or 2 years from when the injury was discovered (or should have been discovered); for incidents before this date, the filing deadline is 3 years from the injury date or 1 year from discovery. | Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Minors With Brain Injuries: If a minor sustains a birth defect or brain damage from medical malpractice, a lawsuit can be filed up until the child is 10 years old. | Nevada Revised Statutes section 41A.097 | $350,000 on non-economic damages. Starting January 01, 2024, this cap will rise by $80,000 per year for 5 years, reaching $750,000, and will then increase by 2.1% yearly starting January 01, 2029. |
| New Hampshire | 3 years | The statute of limitations is 3 year from when you discovered or should have discovered the medical malpractice | Foreign Object in Body: If a foreign object remains undiscovered in a person’s body beyond the standard 2-year period, the statute of limitations extends to 2 years from when the object is found or when discovery was reasonably possible, whichever occurs first. Minor Under 8: If the injured party was under 8 years old at the time of the incident, they have until their 10th birthday to file a claim. Disability: The statute of limitations is paused if the patient has a legal disability and resumes once the disability ends. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. | New Hampshire Revised Statutes section 507:C-4 | None |
| New Jersey | 2 years | The statute of limitations is 2 year from when you discovered or should have discovered the medical malpractice | Minor: Statute of limitations is 2 years from the date they turn 18, but claims for birth injuries must be filed by the time the child turns 13. Disability: The statute of limitations will begin once the injured party is no longer legally disabled. | New Jersey Statutes section 2A:14-2 | Punitive damages capped at 5 times the compensatory damages or $350,000, whichever is greater. |
| New Mexico | 3 years | No discovery rule | Minors: The statute of limitations is 1 year from the minor’s18th birthday. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Disability: The statute of limitations is 1 year from the date the legal disability is removed. | New Mexico Statutes section 41-5-13 | As of 2024, $1 million cap on non-economic damages of for claims against an independent outpatient health care facility, $5 million for claims against a hospital or a hospital-controlled outpatient health care facility. |
| New York | 2.5 years | Foreign Object: If a foreign object is left in your body during surgery, you have one year from the time you discover it or should have reasonably discovered it to file a malpractice lawsuit, whichever comes first. Failed Cancer Diagnosis: In cases where a health care provider fails to diagnose cancer, you must file a malpractice lawsuit within 30 months from when you knew or should have known about the negligence and its impact (but no more than 7 years after the negligence occurred), or from the date of your last treatment for the related health issue, whichever is later. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Minors: The statute of limitations doesn’t begin until the victim turns 18. Insane: The statute of limitations is paused if the patient is legally deemed insane and resumes once the psychiatric disability ends. | N.Y. Civil Practice Law and Rules section 214-a | None | |
| North Carolina | 3 years | If a medical injury isn’t immediately apparent and is only discovered two or more years after the error, the patient has one year from the date of discovery to file a lawsuit against the health care provider but no more than 4 years after the occurrence. | Minors: When a child is injured and the statute of limitations expires before they turn 10, the claim must be filed by the time the child turns 10. Foreign Object: The statute of limitations is 1 year from the date of discovery. | North Carolina General Statutes section 1-15 | $656,730 damage cap on non-economic damages |
| North Dakota | 2 years | The statute of limitations ibegins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the malpractice. | Minors: May not be filed more than 12 years after the date of the injury. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. | North Dakota Century Code section 28-01-18 | $500,000 cap on non-economic damages. |
| Ohio | 1 year | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the malpractice. | Minors: The statute of limitations does not begin to run until the minor turns 18. Foreign Object: 1 year from the date of discovery. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. | Ohio Revised Code section 2305.113 | Non-economic damages are capped at 3 times the economic damages or $250,000, whichever amount is higher, with a maximum of $350,000 per person and $500,000 total if multiple plaintiffs are involved in the case. Punitive damages cannot exceed twice the compensatory damages or, for small businesses and individuals, they are capped at either double the compensatory damages or 10% of the defendant’s net worth. |
| Oklahoma | 2 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice. | Minors: If the victim is over 12, legal action can be taken until the child’s 19th birthday; For children under 12, the deadline is 7 years from the date of the malpractice. Disability: The claim can be filed within by a guardian within 7 years of the injury, or by the injured party within 1 year of regaining competency. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. | Oklahoma Statutes section 76-18 | None |
| Oregon | 2 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 5 years after the malpractice. | Minors: For injured parties, the statute of limitations is paused for up to 5 years or until 1 year after the child turns 18, whichever occurs first. Disability: If the injured party has a disability, the statute of limitations is paused for up to 5 years or until 1 year after they are no longer disabled, whichever occurs first. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Foreign Object: 1 year from the date of discovery but no more than 10 years. | Oregon Revised Statutes section 12.110 | None |
| Pennsylvania | 2 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice. | Minors: The statute of limitations does not run until the minor turns 18. | Penn. Cons. Statutes Title 42 section 5524 | Punitive damages are capped at 200% of the compensatory damages awarded |
| Rhode Island | 3 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice. | Minors: The statute of limitations begins when the injured party turns 18. | Rhode Island Statutes section 9-1-14.1 | None |
| South Carolina | 3 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the malpractice. | Minors: Statute of limitations begins on the date of the minor’s 18th birthday. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury, but only up to 6 years from the incident. Foreign Object: 2 years from date of discovery. | South Carolina Code section 15-3-545 | Non-economic damages are capped at $350,000 per claimant, totaling no more than $1,050,000 for all defendants, and these amounts are adjusted for inflation annually; as of February 2023, these caps are $564,168 and $1,692,503 respectively, $699,761 cap on punitive damages. |
| South Dakota | 2 years | None | Minors: 1 year from the date they turn 18. Mental Illness: The statute of limitations is tolled until the disability is removed and must be filed withinin one year. However, it can only be tolled for up to 5 years. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Continuing Treatment: The statute of limitations does not begin to run when there is continuing treatment. | South Dakota Codified Laws section 15-2-14.1 | $500,000 cap on non-economic damages |
| Tennessee | 1 year | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 3 years after the malpractice. | Minors: Minors have up to 3 years to file a claim. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury and must be filed within 1 year of discovery. Foreign Object: Within 1 year of discovery. | Tennessee Code section 29-26-116 | $750,000 cap on non-economic damages or $1 million in cases of catastrophic injuries. |
| Texas | 2 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 10 years after the malpractice. | Minors: A minor who is injured before they reach the age of 12 has until age 14 to file a claim. For minors 12 and older, the standard statute of limitations applies. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Foreign Object: Statute of limitations is tolled until discovery. | Texas Civil Practice and Rem. Code section 74.251 | Non-economic damages are capped at $250,000 against each healthcare provider and $250,000 per healthcare facility, with a maximum of $500,000 (adjusted for inflation). Punitive damages are capped at the greater of 2x economic damages plus non-economic damages found by the jury (not to exceed $750,000) or, $200,000 |
| Utah | 2 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the malpractice. | Foreign Object: Statute of limitations is 1 year from date of discovery or when it should have been discovered. Fraud/Concealment: The statute of limitations is 1 year from the date of discovery or when it should have been discovered. | Utah Code section 78B-3-404 | Non-economic damages are capped at $450,000. |
| Vermont | 3 years | The statute of limitations is 3 years from the incident or 2 years from the date of discovery, whichever is later. | Minor: Statute of limitations begins when the minor turns 18. Foreign Object: Statute of limitations is 2 years from date of discovery. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Psychiatric Disability: Statute of limitations begins when the disability is removed. Imprisoned When Action Accrues: Statute of limitations begins when the injured party is no longer in prison. | 12 Vermont Statutes section 521 | None |
| Virginia | 2 years | None | Minors: The statute of limitations is 2 years from the date of the injury or by the child’s 10th birthday, whichever is longer. Foreign Objects: 1 year from the date the injury is discovered or, by the exercise of due diligence, reasonably should have been discovered. Fraud/Concealment: In situations where fraud, concealment or intentional misrepresentation prevented discovery of the injury, statute of limitations is 1 year from date of discovery. | Code of Virginia section 8.01-243 | Total damages are capped at $2 million, increasing annually by $50,000 (until 2031, where it tops out at $3 million); as of July 1, 2023, the cap stands at $2,600,000. |
| Washington | 3 years | The statute of limitations is 1 year from the date of discovery. | Minors: Statute of limitations begins when the minor turns 18. Disability: The statute of limitations is tolled until the disability is lifted. | Rev. Code of Washington section 4.16.350 | None |
| Washington, D.C. | 3 years | The statute of limitations begins on the date of discovery or when the injury/malpractice should have been discovered. | Minors: Statute of limitations begins when the minor turns 18. Disability: The statute of limitations is tolled until the disability is lifted. Imprisoned When Action Accrues: Statute of limitations begins when the injured party is no longer in prison. Foreign Object: Statute of limitations begins when the patient becomes aware or should become aware. | D.C. Code section 12-301 | None |
| West Virginia | 2 years | The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 10 years after the malpractice. | Minors: A lawsuit must be filed within 2 years of the injury or before the minor’s 12th birthday, whichever gives more time. Fraud/Concealment: Statute of limitations is 2 years from the date of discovery. | West Virginia Code section 55-7B-4 | Non-economic damages are capped at $500,000 unless there is permanent and substantial physical deformity, loss of a limb or a bodily organ system, a permanent functional injury that prevents the individual from independently caring for themselves and performing life-sustaining activities, or death. The cap for punitive damages is set at 4 times the amount of compensatory damages awarded or $500,000, whichever is greater. |
| Wisconsin | 3 years | The statute of limitations is 3 years or 1 year from the date of discovery, but no more than 5 years after the incident. | Minor: Minors have 3 years from the date of the malpractice or until the age of 10, whichever is later. Foreign Object: Statute of limitations is 1 year from when the patient becomes aware or should become aware. Fraud/Concealment: Statute of limitations is 1 year from the date of discovery. | Wisconsin Statutes section 893.55 | $750,000 cap on non-economic damages |
| Wyoming | 2 years | You have 2 years from the date you discovered your injury to file a medical malpractice lawsuit if the condition wasn’t reasonably discoverable within 2 years of treatment or despite reasonable diligence. There may be a 6-month extension to the deadline if the condition was discovered in the 2nd year of the original 2-year period. | Minors: Statute of limitations begins when the minor turns 18. Disability: Statute of limitations is 1 year from the date the disability is lifted. | Wyoming Statutes section 1-3-107 | None |
Exceptions and Extensions
When navigating a medical malpractice lawsuit, it’s important to understand that various exceptions or extensions may apply to the standard statute of limitations. The specific rules depend on the state where a person experienced medical negligence, but some of the most common exceptions to the medical malpractice statute of limitations by state include:
Discovery Rule: The discovery rule allows for extending the statute of limitations for medical malpractice cases based on when an injury is discovered rather than solely relying on when treatment was received.
Cases Involving Minors: In many states, the medical malpractice statute of limitations for injured minors doesn’t start running until they reach adulthood.
Incapacitated Individuals: For individuals deemed legally incapacitated due to mental illness or other conditions, certain states stop the clock until the individual is no longer incapacitated.
The best way to determine the statute of limitations for medical malpractice lawsuits in your state is to contact a lawyer as soon as possible.
Consequences of Missing the Statute of Limitations
Missing the statute of limitations for medical malpractice cases can have serious consequences. Once you reach the time limit, you lose the legal right to file a lawsuit altogether because your claim is time-barred from court. This can prevent injured patients from seeking compensation for any damages incurred due to the negligence of medical professionals.
Filing a Successful Medical Malpractice Case
To pursue a medical malpractice claim, start by consulting with an attorney who will evaluate your medical professional negligence case and guide you through the legal steps.
They can help you collect all relevant medical records and evidence that outline your situation and establish the standard of care with expert testimony to show what a competent provider would have done.
You’ll also need to prove that the provider’s failure to meet this standard caused your injuries. Finally, with their help, you can file your claim; they’ll ensure you meet your jurisdiction’s statute of limitations prescribed by state laws.
Hiring a Medical Malpractice Lawyer
At Rosenfeld Injury Lawyers, we are well-versed in the intricacies surrounding medical malpractice lawsuits and can provide critical advice regarding applicable statutes of limitations to ensure timely filing.
By working with a knowledgeable attorney from our team, you can focus on your recovery while we manage the legal challenges on your behalf.
Your Next Steps
If you believe you have been a victim of medical malpractice, Rosenfeld Injury Lawyers can help ensure that your claims are filed within the relevant statute of limitations period, protecting your right to seek compensation for any injuries suffered.
Potential compensation for medical negligence cases may include recovery for medical expenses, lost wages, pain and suffering, and emotional distress resulting from the negligence you experienced.
Call us at (888) 424-5757 or complete our online contact form.
Specific Cases We Handle
- Chicago Medical Misdiagnosis Lawyer
- Chicago Medication Error Lawyer
- Stroke Misdiagnosis Lawyer
- Surgical Error Lawyer
- Anesthesia Error Lawyer
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.