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Statutes of Limitations For Medical Malpractice

What is the statute of limitations for your legal rights as a patient?


Medical Malpractice

Medical Malpractice Statute of Limitations for Patient Victims

There are five common types of medical malpractice lawsuits and they are diagnosis errors, cosmetic surgery malpractice, prescription drug errors, obstetric (birth) malpractice and surgical errors. More medical malpractice issues are listed below and are generally what are settled by insurance company claims or a court of law. One would think that when a doctor or other health professional takes the Hippocratic Oath they would take more care when caring for your medical needs. If any of the issues listed have happened to you or someone you know, its always best to ensure that the statute of limitations has not expired prior to filing a claim or lawsuit.

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Below is a listing of the states and their statute of limitations as they pertain to medical malpractice suits within that state. While this list is updated regularly, often-times laws in every state get modified, repealed, amended or changed by legislation. Please locate a lawyer who is qualified to represent you in your medical malpractice lawsuit.


MEDICAL MALPRACTICE STATUTE OF LIMITATIONS

STATE STATUTE RULES
Alabama Two (2) years after date giving rise to injury, or within 6 months of the date the injury should have been discovered. In no event may a suit be filed more than 4 years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over 4 years of age. However, in the case of a minor under 4 years of age, that minor has until his or her 8th birthday to file a medical malpractice action.
Code Section § 6-5-482
Alaska A patient has within two (2) years of the discovery of the condition caused by the negligent act. If a minor became injured due to a neglectful physician, the parents or legal guardians must file within 2 years plus 1 day of their 18th birthday.
Code Section § 09.10.070 & § 09.10.140 respectively
Arizona The statute of limitations in Arizona is two (2) years. If the individual is under the age of eighteen, he/she has two years from that birthday to file suit.
Code Section § 51-11-7
Arkansas The statute of limitation for filing a claim in Arkansas is two (2) years from the time of the act or omission of treatment that causes injury or death. If a minor under the age of nine is injured, he/she has until their eleventh birthday to file a malpractice suit.
Code Section § 16-64-122
California The statute of limitations for filing a malpractice claim in California is three (3) years. If the injury is discovered later, action must be taken within one year of the discovery or from the date it should have been detected. If a minor is under the age of six, he/she has until their eighth birthday to file a case.
Code Section Civ. § 340.5
Colorado The statute of limitations in the state of Colorado is two (2) years. No case may be brought before the court after three years, regardless of when the injury was discovered. If a child under the age of six is the plaintiff, the case must be brought to the court before his/her eighth birthday.
Code Section § 13-80-108
Connecticut Plaintiffs have two years to bring the case before the court but no more than three years from the date of injury or omission.
Code Section § 52-584
Delaware In the state of Delaware a patient has two (2) years to file a malpractice claim, unless the injury cannot be reasonably detected in that amount of time. Then, the courts will consider the case up to three years from the act or omission of treatment. If the patient is a minor under the age of six, they have until their sixth birthday or two years later.
Code Section Title 18 § 6856
Florida In Florida the statute of limitations is two (2) years from the time of the malpractice; or from the time the malpractice should have been detected. A patient under the age of eight has until the eighth birthday, or two years, to file suit, whichever time is greater.
Code Section § 95.11(4)(b)
Georgia The former patient has two (2) years to file a suit from the time of the medical malpractice or when it was discovered. If a foreign object is left in the body, the individual has one year from discovery or reasonable expectation of finding the problem. In cases of a minor, the statute cannot run before the seventh birthday, or until the tenth birthday.
Code Section § 9-3-71
Hawaii The statute of limitations in Hawaii is two (2) years if the patient did not immediately discover the injury, then, they have 1 year from the date they discovered, or the date they should have discovered, the injury to file a lawsuit. The suit cannot be filed more than 6 years after the date of the injury. For a minor under 10 years of age they have until their 10th birthday to file a medical malpractice suit or the 6-year statute of limitations, whichever period is longer.
Code Section § 657-7.3
Idaho The statute of limitations for a medical malpractice claim in Idaho is two (2) years from the date the act that caused the injury. Wrongful death lawsuits that are the result of malpractice injuries the statute of limitations is two (2) years. For a minor the statute of limitations begins on the minor's 18th birthday.
Code Section § 5-219(4)
Illinois The statute of limitations for filing medical malpractice lawsuits in Illinois is two (2) years from the date the negligent injury occurred. If the injury was not immediately discovered a lawsuit must then be filed within 2 years of when it was discovered or reasonably should have been discovered, but not longer than 4 years after the date of the injury. The statutes of limitations for wrongful death suits must be filed within 2 years of the date of death. For a minor under 18 years of age the malpractice claim must be filed within 8 years of the date of negligence or before their 22nd birthday.
Code Section 735 ILCS § 5/13-212(a)
Indiana An injured patient has two (2) years from the date of the injury to file a malpractice lawsuit. If the medical malpractice injury leads to a wrongful death the statute of limitations to file is 2 years from the date of death. If the victim is a minor under 6 years of age, the claim must be filed on or before their 8th birthday. For minors over the age of 8, the 2-year statute of limitations begins running on their 18th birthday.
Code Section § 34-18-7-1
Iowa The statute of limitations for medical malpractice lawsuits in Iowa is two (2) years. If the victim did not immediately discover the injury, they have 2 years from the date of discovery. The suit may not be filed more than 6 years after the date of the initial injury. Minors under the age of 8 have 2 years to file suit or until their 10th birthday, whichever is later. Minors 8 years of age or older have 2 years to file. If the medical malpractice resulted in a wrongful death the statute of limitations is 2 years from the date of death.
Code Section § 614.1(9)
Kansas The statute of limitations in the state of Kansas requires that a medical malpractice suit be filed within two (2) years of the date of the injury. If the injury was not immediately discovered, the patient has 4 years to file a claim. In the case of a minor who is injured due to medical malpractice, they have 1 year after their 18th birthday, but not more than 8 years from the time the injury occurred. If the medical malpractice resulted in a wrongful death, a suit must be filed within 4 years of the initial injury.
Code Section § 60-513(a)(7) and (c)
Kentucky The statute of limitations to file a medical malpractice suits in Kentucky is one (1) year. If the injury is not discovered immediately, the statute of limitations does not begin until the time of discovery, but cannot exceed 5 years. For minors, the statute of limitations is tolled until the minor turns 18 or until they marry wherein they will have 1 year to file a medical malpractice suit. Wrongful death suits must be filed within one year of the date of death
Code Section § 413.140
Louisiana A medical malpractice action in Louisiana for injury or death must be filed within one (1) year from the date of the alleged act, omission, or neglect, or within 1 year from the date of discovery of the alleged act, omission, or neglect. An exception to this ruling would be tolling wherein no claims may be filed more than 3 years from the date of the alleged act, omission, or neglect. The statute of limitations in Louisiana for wrongful death suits is 1 year. The limitations period for minors and incompetents is the same as that for competent adults.
Code Section § 9:5628
Maine The statute of limitations for medical malpractice suits in Maine is three (3) years. If the case is based on a foreign object left in the body of the patient, discovered by a health care professional, the statute of limitations will begin as soon as the object is found or reasonably should have been found. In the case of a minor, the statute allows 3 years from the time they turn 18; or, 6 years from the time of the negligence, whichever comes first. If the negligence results in a wrongful death, the family has 2 years from the date of death to file suit.
Code Section Title 24 § 2902
Maryland The statute of limitations for medical malpractice lawsuits in Maryland is five (5) years. If an injury is not detected immediately, the victim has 3 years from the date to which it is found to file. The statute of limitation for wrongful death due to malpractice is 3 years. Minors 15 years old and younger who suffer a reproductive injury or an injury from a foreign object left in their body due to negligence have 5 years to file a lawsuit beginning on their 16th birthday.
Code Section § 5-109
Massachusetts In the state of Massachusetts, any medical malpractice action for injury or untimely death must be brought within three (3) years after the cause of action accrued, but in not more than 7 years after the alleged act or omission occurred, except in the case of foreign object actions. The statute of limitations for minors is the same as that for adults, except that a claim accruing on behalf of a minor under the age of 6 can always be brought before the minors 9th birthday
Code Section Chapter 260 § 4
Michigan In the state of Michigan, a medical malpractice lawsuit may be filed within two (2) years after the act or omission of the event. The suit may be brought within 6 months after the patient discovers or should have discovered the existence of the claim, so long as it is brought within 6 years after the act or omission. A minors lawsuit may be brought any time before the minor's 10th birthday
Code Section § 600.5805(5) and 600.5838a
Minnesota In the state of Minnesota, the statute of limitations is four (4) years from the date of the medical malpractice injury. In terms of wrongful death due to medical malpractice, the statute of limitations is 3 years from the date of death, but no more than 4 years from the date of the injury caused by the negligent party(s). Minors that are injured must file suit within 1 year after their 18th birthday, but no more than 7 years after their injury occurred.
Code Section § 541.07
Mississippi 2 years with Discovery Rule, but no more than 7 years after occurrence. These time limits apply to minors six and older. In the case of minors under six years of age, medical malpractice actions must be filed within two years of the date of the child's sixth birthday. Mississippi also requires all persons who intend to file a medical malpractice action to give a 60 day written notice of action to the defendant.
Code Section § 15-1-36(1)
Missouri Any medical malpractice action must be brought within two (2) years from the date of the occurrence or within 2 years of the date of discovery. A lawsuit cannot be filed if more than 10 years has passed since the date of a negligent act and is applicable to malpractice injuries due to the placement of a foreign object into the patients body; or, failure to inform the patient of said negligence. If a minor under the age of 8 years suffers a medical malpractice injury, the malpractice claim must be filed no later than their 20th birthday. If the negligence resulted in wrongful death, the estate must file a malpractice claim within 3 years of the date of death.
Code Section § 516.105
Montana In the state of Montana, any medical malpractice actions alleging personal injury or wrongful death must be brought within three (3) years from the date of injury or from the date when the patient discovered, or should have discovered, the negligence. However, an action cannot be brought after five years from the date of the injury. For minors under the age of 4, a 3 year statute of limitations begins running on their 8th birthday.
Code Section § 27-2-205(1)
Nebraska Actions against health-care providers must be filed within 2 years of the date that the act giving rise to the injury occurred. If the injury is not discovered within the two year period, then the action must be filed within one year from the date that the injury was, or should have been, discovered, whichever is earlier. Can not be filed more than 10 years from the act giving the injury had occurred
Code Section § 25-222
Nevada In the state of Nevada, any medical malpractice suits for personal injury or wrongful death must be brought within four (4) years from the date of injury, or 2 years from the date the injury was or should have been discovered, whichever is earlier. If a minor suffers an injury due to negligence, the parents or legal guardians have a 3 year statute of limitations within which to file a lawsuit.
Code Section § 41A.097
New Hampshire The statute of limitations for personal injury or wrongful death is three (3) years. If the injury was not and could not reasonably have been discovered at the time of the act or omission, this statute runs from the time the patient discovers or should have discovered the injury, negligent act or omission. If the malpractice injury resulted in a wrongful death, the lawsuit for that negligence must be filed within 3 years of the date of the death. The New Hampshire statute of limitations for medical malpractice apply to minors 8 years old and older, as well. Minors under the age of 8 must file malpractice claims by their 10th birthday.
Code Section § 508:4
New Jersey The state of New Jersey provides in their statute of limitations law that for an injury that is immediately detected, the victim has two (2) years to file a medical malpractice claim. If that injury is not immediately detected the patient then has 2 years from the date the injury was discovered, or should have been discovered under reasonable circumstances. For minors injured due to medical negligence they would need to file a claim within 2 years of the statute of limitations period beginning on their 18th birthday. In the case of medical malpractice claims due to birth injuries they must be filed by the minors 13th birthday. If the malpractice injury results in death, the wrongful death claim must be filed within 2 years from the date of death.
Code Section § 2A:14-2
New Mexico In New Mexico, patients have three (3) years from the time the medical malpractice occurred that resulted in any injury or untimely death. Children under the age of 6 have until their 9th birthday to file a claim.
Code Section § 41-5-13
New York In the state of New York, the statute of limitation for any medical malpractice action must be brought within two and a half years (2 years and 6 months) from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. If the claimant was a minor at the time of malpractice, they have 3 years from their 18th birthday to bring a claim. Although the negligence must have occurred within the last 10 years.
Code Section § 214a
North Carolina 3 years from the date of the incident
Code Section § 1-15
North Dakota A claimant is required to bring an action for medical malpractice or wrongful death within two (2) years from the date the cause of action occurred. North Dakota recognizes a discovery rule which may extend the claim within 6 years of the injury. In the event of a minor who has been injured, he/she may not have the limitations extended for more than 12 years.
Code Section § 28-01-18
Ohio No medical malpractice lawsuit in Ohio can exceed a four-year statute of limitations. The Ohio statute of limitations on malpractice claims demands that notice must be given to defendants within one (1) year of the act or omission of care. The lawsuit then must be filed within 180 days after the notice is given. If a foreign object is left in the body the patient has 1 year wherein the lawsuit must be filed. If the patient is a minor, a suit must be filed within four years.
Code Section § 2305.113(A)
Oklahoma In Oklahoma patients have two (2) years to file a claim of medical malpractice. If the patient is a minor (under the age of 12) at the time of the act or omission the parents or guardian have 7 years to file a claim. If the minor is above the age of 12, he/she has 1 year after their 18th birthday to file a malpractice lawsuit
Code Section Title 76 § 18
Oregon Oregon statute of limitations affords two (2) years from the time the injury or untimely death has occurred. If a minor is injured or which injuries cause death their parent or guardian has 5 years from the time of the injury, or two years from the 18th birthday of the minor.
Code Section § 12.110(4)
Pennsylvania The state of Pennsylvania requires patients to file within two (2) years of the act or failure to administer care that resulted in their injury or untimely death The statute of limitations does not begin to run until the injured party discovers or reasonably should discover that he has been injured. Neither insanity nor imprisonment extends the limitations period in Pennsylvania, but the statute does not begin to run against a minor until the age of 18.
Code Section § 5524(2)
Rhode Island In Rhode Island, any medical malpractice action for either personal injury or wrongful death must be brought within three (3) years of the date of the incident, the date of death, or the date when the claimant knew or should have known of the wrongful act. If the person is under the age of 18 they have 3 years of reaching the age of 18 to file.
Code Section § 9-1-14.1
South Carolina In South Carolina the statute of limitations decree that a medical malpractice claimant must bring suit within three (3) years from the date of the occurrence or the date when the occurrence should have been discovered, but in no case more than six years from the date of the occurrence. Foreign object cases may be brought within 2 years from the date of discovery. The statute of limitations is tolled during the claimant's minority
Code Section § 15-3-545
South Dakota The statutes of limitations in South Dakota medical malpractice cases must begin within two (2) years to the date that the injury occurred. For medical malpractice cases that involve minors under the age of six, the child is given two years after he or she turns six years old to file any lawsuit pertaining to the claim. If the minor is older than six years old, the guardian of the minor has to file a lawsuit within 3 years.
Code Section § 15-3-545
Tennessee Patients have one (1) year from the time the malpractice occurred to file a medical malpractice suit. If a foreign object has been left in the body, the patient has 1 year from the time it is discovered to file suit. If the individual is a minor, he/she has one year from the 18th birthday to file a lawsuit or claim.
Code Section § 29-26-116
Texas The statute of limitations for a medical malpractice suit in Texas must be brought before the court within two (2) years of the act or lack of treatment that caused injury or death. If the patient is a minor under the age of twelve, action must be taken by the child's 14th birthday.
Code Section § 74.251(a)
Utah The patient has two (2) years to file suit in Utah for a medical malpractice claim. If a foreign object has been left in the body, the patient then has 1 year from the time of discovery or from the time the object has been left in the body. If the patient is a minor, the statute runs out 1 year after their 18th birthday. If a foreign object is found, legal age does not apply.
Code Section § 78-14-4
Vermont The time statutory time limit in Vermont is three (3) years for most malpractice cases. The limit is 2 years from the time an injury should have been discovered. If the patient was a minor, the statute of limitations begins upon their 18th birthday.
Code Section Title 12 § 521
Virginia In Virginia a medical malpractice claim must be submitted to the court within two (2) years of discovery. If the suit involves the discovery of a foreign object in the body, it must be filed file within 1 year of discovery. If the patient is under the age of 8 they have until their 10th birthday to file a lawsuit.
Code Section § 8.01-230
Washington A medical malpractice action must be brought within three (3) years of the act or omission alleged to have caused the injury or one year after the discovery of the alleged negligent act or omission, whichever period expires later.
Code Section § 4.22.005
West Virginia The West Virginia statute of limitations is two (2) years to file a medical malpractice suit. Minors have until the age of 12, or 2 years from the time of injury to file a claim. For wrongful death, the suit must be filed within two years.
Code Section § 55-7B-4
Wisconsin The statute of limitation for filing a medical malpractice suit in Wisconsin is two (2) years from date of injury or within 1 year of discovery of the malpractice, whichever comes first. For a minor, the suit must be brought by their 10th birthday or within 3 years of the injury, whichever comes first.
Code Section § 895.045
Wyoming The plaintiff has two (2) years with which to file a medical malpractice claim in Wyoming. In the case of a minor, the claim must be made prior to the eighth birthday or within two (2) years of the incident that caused injury or death, whichever is later. The former patient also has two years from the discovery of the injury to file suit.
Code Section § 1-1-109
Disclaimer: Statute of Limitation laws in every state get modified, repealed, amended, and/or changed by the legislature of that states jurisdiction. The authors and webmaster of StatuteofLimitation.info have made every effort to post the most current laws. Please use this site as a general reference and for comparison purposes. Do not substitute any information from this site for advice you would get from a qualified legal professional

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