Statutes of Limitations

In a situation where medical malpractice in some form has occurred, U.S state law identifies a time limit for the victim to file malpractice claim. This time limit is called the statute of limitations. Any case, no matter how egregious or clear cut, cannot be filed after the statute of limitations for that state has expired.

Statute of Limitations by State

For medical malpractice cases, many states have identified the particulars of what constitutes medical malpractice and how long the statute of limitations is. Some examplse are given here, but to be certain you should contact a Malpractice Attorney in your state:

  • Alabama - 2 years
  • Arkansas - 2 years
  • California - 1 year
  • Connecticut - 2 years
  • Florida - 2 years
  • Georgia - 2 years
  • Illinois - 2 years
  • Indiana - 2 years
  • Louisiana - 1 year
  • Maryland - 5 years from the negligence or 3 years from its discovery, whichever is earlier
  • Massachusets - 3 years
  • Michigan - 2 years
  • Minnesota - 2 years
  • Mississippi - 2 years
  • Missouri - 2 years
  • New Hampshire - 2 years for medical malpractice, 3 years for Personal Injury
  • New Jersey - 2 years
  • New York - 2.5 years
  • North Carolina - 3 years
  • Ohio - 1 year
  • Pennsylvania - 2 years
  • Rhode Island - 3 years
  • South Carolina - 3 years
  • Tennessee - 1 year
  • Texas - 2 years
  • Virginia - 2 years
  • West Virginia - 2 years
  • Wisconsin - 3 years

Malpractice Term of the Day


Latest Malpractice Question

How do I know if I have a medical malpractice case?

To win a medical malpractice case for your injuries you will need to prove not only that your doctor did not provide the best care possible, but that their negligent actions violated the standard of care.

Category: Malpractice




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