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

Informed Consent

Informed consent is the process whereby a medical doctor or healthcare provider notifies a patient, client or research participant of the potential benefits, major risks, etc.

Category: Malpractice

Latest Malpractice Question

Kidney failure and medical malpractice for dialysis?

Medical malpractice is difficult to prove.

Category: Malpractice

Share this page with a friend