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

Occurrence Coverage

Occurrence coverage is an insurance policy which allows for insurance coverage for an injury or loss which occurs within the coverage period, regardless of when the injury claim is reported to the insurance company.

Category: Malpractice


Latest Malpractice Question

What does it mean if a court dismisses a case without prejudice?
Malpractice cases dismissed without prejudice may be able to be re-filed.

Category: Malpractice




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