# Malpractice statute of limitations by state > Medical malpractice statute of limitations in all 50 states: filing period, discovery rule, repose and minors rule, each with the statute and an official link. Canonical page: https://medrecords.ai/guides/medical-malpractice-statute-of-limitations/ --- **For PI firms:** demand-ready medical summaries with a page cite on every fact. [Book a demo →](https://medrecords.ai/demo/) [Guides](https://medrecords.ai/guides/) › Statute of limitations ## What is the statute of limitations for medical malpractice? The statute of limitations for medical malpractice is the deadline to file the lawsuit. It is 2 years in 31 states, 1 year in Kentucky, Louisiana, Ohio and Tennessee, 2 years 6 months in New York, 3 years in 13 states and 4 years in Minnesota. Most states also start the clock at discovery, cap it with a repose period and give minors more time. ## Medical malpractice statute of limitations by state Filing periods, discovery rules, repose and minors rules, with the statute cited on every row The medical malpractice statute of limitations is 2 years in 31 states. It runs from 1 year in Kentucky, Louisiana, Ohio and Tennessee to 4 years in Minnesota. Most states add a discovery rule, a repose cap of 3 to 10 years and a separate clock for minors. By [Ahmed Jemaa](https://medrecords.ai/authors/ahmed-jemaa/), Co-Founder & CEO of Medrecords AI · Published 2 Nov 2026 · Updated 2 Nov 2026 Key takeaways - The base period is 2 years in 31 states, 1 year in Kentucky, Louisiana, Ohio and Tennessee, and 4 years in Minnesota. - Most states also have a repose cap, counted from the act itself, of 3 to 10 years. - Minors usually get more time, but Louisiana gives none and caps vary from the 6th birthday to age 22. - 46 rows were checked twice against official statute text. Arkansas, Georgia, Mississippi and Tennessee carry a flag; read the note before you rely on them. **As of 2026-11-02, not legal advice, check the current statute.** Deadlines turn on facts such as the date of discovery, the provider type and pre-suit steps. Courts also read these statutes in ways the text alone does not show. Confirm the current statute and case law in your state before you rely on any row. ### Medical malpractice statute of limitations by state Each row gives the base filing period, the discovery rule, the repose cap, the minors rule and other rules that move the deadline. The last column links the official statute and says how well we could check it. | State | Filing period | Discovery rule | Repose | Minors | Other rules | Statute and check | | --- | --- | --- | --- | --- | --- | --- | | Alabama | 2 years from the act or omission | Not discoverable within 2 years: 6 months from discovery | 4 years from the act | Under 4 at the act: until the 8th birthday | None found in these sections | Ala. Code § 6-5-482 — Verified twice | | Alaska | 2 years from accrual (general injury statute) | Judicial discovery rule; none in the statute | 10 years from the last act; exceptions for gross negligence, fraud, concealment and an undiscovered foreign body | Under 8: time before the 8th birthday does not count; otherwise tolled, but no more than 2 years after turning 18 | None found in these sections | AS 09.10.070(a), 09.10.055, 09.10.140 — Verified twice | | Arizona | 2 years from accrual | Judicial discovery rule; none in the statute | None | Tolled until 18, then the 2 years run | None found in these sections | A.R.S. § 12-542(1), § 12-502 — Verified twice | | Arkansas | 2 years from the act | Foreign object not discoverable within 2 years: 1 year from discovery | None | 9 or younger: until the later of the 11th birthday or 2 years; injury not discoverable before 11: 2 years from discovery or the 19th birthday, whichever is earlier; childbirth injury: until the 5th birthday | Subsection (c) amended by Acts 124 and 140 of 2025, which carry the same text | Ark. Code Ann. § 16-114-203 — Partly verified — Partly verified: subsection (c) read twice in the official 2025 Acts; subsections (a) and (b) read on Justia only, because the official code is on LexisNexis public access | | California | 3 years from injury or 1 year from discovery, whichever comes first | 1 year from actual or constructive discovery | 3 years, tolled only for fraud, intentional concealment or a nontherapeutic foreign body | 3 years from the act; under 6: 3 years or until the 8th birthday, whichever is longer | None found in these sections | Cal. Code Civ. Proc. § 340.5 — Verified twice | | Colorado | 2 years from accrual (discovery of the injury and its cause) | Built into accrual | 3 years from the act, unless the injury and its cause could not have been known | Under 6 at the act: until the 8th birthday | Knowing concealment or an unauthorized foreign object: 2 years from discovery | C.R.S. § 13-80-102.5, § 13-80-108(1) — Verified twice | | Connecticut | 2 years from when the injury is or should have been discovered | Built into the 2 years | 3 years from the act or omission | No minors rule in § 52-584 | Automatic 90-day extension on petition, to get the good-faith opinion letter (§ 52-190a(b)) | Conn. Gen. Stat. § 52-584, § 52-190a — Verified twice | | Delaware | 2 years from the date of injury | Injury unknowable within 2 years: suit before 3 years from the injury | 3 years from the injury | Under 6: the later of the normal period or the 6th birthday | A Notice of Intent sent by certified mail tolls up to 90 days; child sexual abuse by a provider: any time | 18 Del. C. § 6856 — Verified twice | | Florida | 2 years from the incident or from discovery | 2 years from when it is or should have been discovered | 4 years from the incident | Repose does not bar a minor's suit filed on or before the 8th birthday | Fraud or concealment: 2 years from discovery, never more than 7 years. Renumbered to 95.11(5)(c); older sources cite (4)(c) | Fla. Stat. § 95.11(5)(c) — Verified twice | | Georgia | 2 years from the injury or death | Foreign object: 1 year from discovery | 5 years from the act | Under 5: 2 years from the 5th birthday, repose at the 10th birthday; 5 and older: adult periods | None found in these sections | O.C.G.A. §§ 9-3-71, 9-3-72, 9-3-73 — Not verified in official code — Not verified in the official code: the official O.C.G.A. is on LexisNexis public access, which blocked automated reads. Both passes read Justia and agree | | Hawaii | 2 years from discovery | Built into the 2 years | 6 years from the act, tolled while the provider knowingly fails to disclose | 6 years from the act, or until the 10th birthday if longer | None found in these sections | Haw. Rev. Stat. § 657-7.3 — Verified twice | | Idaho | 2 years from the occurrence | Foreign object or fraudulent concealment only: 1 year from discovery or 2 years from the act, whichever is later | None | Tolled during minority, capped at 6 years (§ 5-230) | A continuing treatment relationship does not extend the period | Idaho Code § 5-219(4), § 5-230 — Verified twice | | Illinois | 2 years from when the claimant knew or should have known of the injury | Built into the 2 years | 4 years from the act | 8 years from the act, never after the 22nd birthday | None found in these sections | 735 ILCS 5/13-212 — Verified twice | | Indiana | 2 years from the act or omission | None in the statute; courts allow late-discovery claims (Martin v. Richey, 1999) | None | Under 6: until the 8th birthday | Filing the proposed complaint with the Insurance Commissioner tolls the period until 90 days after the review panel opinion | Ind. Code § 34-18-7-1, § 34-18-7-3 — Verified twice | | Iowa | 2 years from when the claimant knew or should have known | Built into the 2 years | 6 years from the act, except a foreign object | Under 8 at the act: the 10th birthday or the general period, whichever is later | None found in these sections | Iowa Code § 614.1(9) — Verified twice | | Kansas | 2 years from the act | Injury not reasonably ascertainable: runs from when it becomes so | 4 years from the act | 1 year after turning 18, never more than 8 years after the act | None found in these sections | K.S.A. 60-513(a)(7), (c); 60-515(a) — Verified twice | | Kentucky | 1 year from accrual | Accrues when the injury is or should have been discovered | 5 years from the act | Tolled until 18 under KRS 413.170 | Amended by 2026 Ky. Acts ch. 172, effective July 15, 2026; the period is still 1 year | KRS 413.140(1)(e), (2) — Verified twice — Verified twice; the minors rule (KRS 413.170) was read once | | Louisiana | 1 year from the act or 1 year from discovery | 1 year from discovery | 3 years from the act | No tolling: the section applies to minors | Claims against qualified providers go to a medical review panel first (panel tolling not checked here) | La. R.S. 9:5628 — Verified twice | | Maine | 3 years from the act or omission | Foreign object only: runs from discovery | None separate | 6 years after accrual or 3 years after turning 18, whichever comes first | None found in these sections | 24 M.R.S. § 2902 — Verified twice | | Maryland | Earlier of 5 years from the injury or 3 years from discovery | 3 years from discovery | 5 years from the injury | Under 11: the clock starts at 11; reproductive injury or foreign object, under 16: starts at 16 | Filing with the Health Care Alternative Dispute Resolution Office counts as filing the action | Md. Code, Cts. & Jud. Proc. § 5-109 — Verified twice | | Massachusetts | 3 years from accrual | Judicial discovery rule | 7 years from the act, except a foreign object | Under 6: until the 9th birthday; the 7-year repose applies | 182 days' written notice before suit (c. 231 § 60L), with exceptions near the deadline | G.L. c. 260 § 4; c. 231 §§ 60D, 60L — Verified twice | | Michigan | 2 years from the act or omission | 6 months from discovery, if later | 6 years from the act, except fraud or loss of reproductive ability | Under 8: by the 10th birthday or the general period, whichever is later; reproductive injury before 13: by the 15th birthday | A notice of intent is required before suit (MCL 600.2912b) | MCL 600.5805(8), 600.5838a, 600.5851(7) — Verified twice | | Minnesota | 4 years from accrual | None in the statute; accrual is case law | None | Tolled during minority, max 7 years and no more than 1 year after turning 18 | None found in these sections | Minn. Stat. § 541.076, § 541.15(b) — Verified twice | | Mississippi | 2 years from when the act was or should have been discovered | Built into the 2 years | 7 years from the act, except a foreign object or fraudulent concealment | 6 or younger at discovery: 2 years after the 6th birthday | 60 days' written notice before suit; notice served in the last 60 days extends the deadline 60 days | Miss. Code Ann. § 15-1-36 — Partly verified — Partly verified: read in the official 2002 enacted bill (HB 2) and on Justia; later amendments not checked in the official code | | Missouri | 2 years from the act | Foreign object or failure to report test results: 2 years from discovery | 10 years from the act (minors: 2 years after 18, if later) | Under 18: until the 20th birthday | None found in these sections | RSMo § 516.105 — Verified twice | | Montana | 2 years from injury or discovery, whichever is later | 2 years from actual or reasonable discovery | 5 years from the injury | Under 4: the clock starts at the 8th birthday or death | Tolled while the provider conceals a known act. 2025 laws cut the period from 3 to 2 years | Mont. Code Ann. § 27-2-205 — Verified twice — Verified twice; which version applies to older injuries was not checked | | Nebraska | 2 years from the act or omission | Not discoverable within 2 years: 1 year from discovery | 10 years from the service | Tolled under § 25-213 (read once) | § 44-2828 covers providers under the Hospital-Medical Liability Act; § 25-222 sets the same periods for others | Neb. Rev. Stat. § 44-2828, § 25-222 — Verified twice | | Nevada | 3 years from injury or 2 years from discovery, whichever comes first | 2 years from discovery (1 year for injuries from Oct 1, 2002 to Sep 30, 2023) | 3 years from the injury | A parent must sue in the normal period, except brain damage or birth defect (until age 10) and sterility (2 years from discovery) | Tolled while the provider conceals the act; an expert affidavit must be filed with the complaint (NRS 41A.071) | NRS 41A.097 — Verified twice | | New Hampshire | 3 years from the act or omission | 3 years from discovery of the injury and its cause | None | 2 years after turning 18 (RSA 508:8) | None found in these sections | RSA 508:4, I; 508:8 — Verified twice | | New Jersey | 2 years from accrual | Judicial discovery rule (Lopez v. Swyer, 1973) | None | Birth injury: before the 13th birthday. Other minors: the normal period after 18 (§ 2A:14-21, read once) | None found in these sections | N.J.S.A. 2A:14-2(a) — Verified twice | | New Mexico | 3 years from the act | None: occurrence rule | 3 years from the act | 1 year after turning 18 | Covers only providers qualified under the Medical Malpractice Act; others fall under § 37-1-8 (3 years) | NMSA 1978 § 41-5-13 — Verified twice | | New York | 2 years 6 months from the act or the end of continuous treatment | Foreign object: 1 year from discovery. Missed cancer: 2 years 6 months from discovery (Lavern's Law) | 7 years, only for the missed cancer rule | Tolled during minority, never beyond 10 years after accrual (CPLR 208) | None found in these sections | N.Y. CPLR 214-a, 208 — Verified twice | | North Carolina | 3 years from the last act | Discovered 2 or more years later: 1 year from discovery | 4 years from the last act; foreign object: 10 years | Period ends before age 10: any time before the 10th birthday | None found in these sections | N.C.G.S. §§ 1-15(c), 1-52(5), 1-17(c) — Verified twice | | North Dakota | 2 years from accrual | Judicial discovery rule, capped by the statute | 6 years from the act, unless the provider's fraud prevented discovery | Tolled, but at most 12 years for malpractice and no more than 1 year after turning 18 | Expert affidavit within 3 months of filing (§ 28-01-46) | N.D.C.C. § 28-01-18(3), § 28-01-25 — Verified twice | | Ohio | 1 year from accrual | Not discoverable within 3 years but found before 4: 1 year from discovery | 4 years from the act | Tolled until 18; minors are exempt from the 4-year repose | A 180-day notice letter sent within the year extends the deadline; foreign object: 1 year from discovery | R.C. 2305.113, 2305.16 — Verified twice | | Oklahoma | 2 years from when the patient knew or should have known | Built into the 2 years | None | Minority extends the period; § 18 does not say for how long | None found in these sections | 76 O.S. § 18 — Verified twice | | Oregon | 2 years from discovery | Built into the 2 years | 5 years from the treatment | Tolled up to 5 years or 1 year after 18, whichever comes first; the 5-year repose still applies | Fraud or deceit that prevented suit: 2 years from discovering it | ORS 12.110(4), 12.160 — Verified twice | | Pennsylvania | 2 years | Judicial discovery rule | None enforceable: the 7-year MCARE repose was struck in Yanakos v. UPMC (2019) | Tolled until 18; MCARE § 513(c): no later than 7 years from the act or age 20, whichever is later | Foreign object: exempt from the MCARE repose | 42 Pa.C.S. § 5524(2), § 5533(b); 40 P.S. § 1303.513 — Verified twice — Verified twice for § 5524; MCARE § 513 read in court opinions and an official PDF excerpt | | Rhode Island | 3 years from the incident | 3 years from when it should have been discovered | None | Any time before age 21 | Mental incompetence: 3 years after it ends | R.I. Gen. Laws § 9-1-14.1 — Verified twice | | South Carolina | 3 years from the treatment or from discovery | 3 years from actual or reasonable discovery | 6 years from the occurrence | Tolled no more than 7 years and no more than 1 year after turning 18 | Foreign object: 2 years from discovery, never less than 3 years | S.C. Code Ann. § 15-3-545 — Verified twice | | South Dakota | 2 years from the malpractice | None in the statute | None separate; occurrence rule | General tolling, no more than 1 year after turning 18 | Continuing treatment doctrine is case law | SDCL 15-2-14.1, 15-2-22 — Verified twice | | Tennessee | 1 year | Not discovered within 1 year: 1 year from discovery | 3 years from the act, except fraudulent concealment and a foreign object | No minors rule in § 29-26-116; the general tolling statute (§ 28-1-106) was not checked here | Pre-suit notice 60 days before filing extends the deadline by 120 days (§ 29-26-121) | Tenn. Code Ann. § 29-26-116, § 28-3-104, § 29-26-121 — Not verified in official code — Not verified in the official code: the official code is on LexisNexis public access, which blocked automated reads. Both passes read Justia and Tennessee court opinions and agree; § 29-26-121 was read in Public Chapter 425 of 2009 | | Texas | 2 years from the breach or the end of treatment | None in the statute | 10 years from the act | Under 12: until the 14th birthday | 60-day pre-suit notice tolls the period 75 days (§ 74.051) | Tex. Civ. Prac. & Rem. Code § 74.251 — Verified twice | | Utah | 2 years from discovery | Built into the 2 years | 4 years from the act | No minors clause in the statute | Foreign object or fraudulent concealment: 1 year from discovery | Utah Code § 78B-3-404 — Verified twice | | Vermont | 3 years from the incident or 2 years from discovery, whichever is later | 2 years from discovery | 7 years from the incident | Time runs after 18 (12 V.S.A. § 551) | Fraudulent concealment: no limit. Foreign object: 2 years from discovery | 12 V.S.A. § 521 — Verified twice — Verified twice on the legislature site, which labels its text an unofficial copy | | Virginia | 2 years from the injury | Foreign object, fraud or concealment, missed cancer or schwannoma: 1 year from discovery or diagnosis | 10 years, only for the discovery extensions | 2 years from the last act; under 8: until the 10th birthday | None found in these sections | Va. Code § 8.01-243(A), (C); § 8.01-243.1 — Verified twice | | Washington | 3 years from the act or 1 year from discovery, whichever is later | 1 year from discovery | 8 years from the act (its validity is disputed in court) | Tolled until 18 (RCW 4.16.190) | Fraud, concealment or a foreign body: 1 year from actual knowledge | RCW 4.16.350, 4.16.190 — Verified twice | | West Virginia | 2 years from injury or discovery, whichever is later | 2 years from discovery (1 year for nursing homes) | 10 years from the injury | Under 10: 2 years or until the 12th birthday, whichever is longer | Tolled during provider fraud or concealment | W. Va. Code § 55-7B-4 — Verified twice | | Wisconsin | 3 years from the injury or 1 year from discovery, whichever is later | 1 year from discovery, never more than 5 years from the act | 5 years from the act | The adult period or the 10th birthday, whichever is later | Concealment: 1 year from discovering it. Foreign object: 1 year from awareness | Wis. Stat. § 893.55, § 893.56 — Verified twice | | Wyoming | 2 years from the act | Not discoverable within 2 years: 2 years from discovery; found in the 2nd year: 6 extra months | None | The 8th birthday or 2 years, whichever is later | None found in these sections | Wyo. Stat. § 1-3-107 — Verified twice | [](https://alison.legislature.state.al.us/code-of-alabama?section=6-5-482) [](https://www.akleg.gov/basis/statutes.asp#09.10.070) [](https://www.azleg.gov/ars/12/00542.htm) [](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT140.pdf) — [](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=340.5) [](https://olls.info/crs/crs2025-title-13.htm) [](https://www.cga.ct.gov/current/pub/chap_926.htm#sec_52-584) [](https://delcode.delaware.gov/title18/c068/sc06/index.html) [](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html) [](https://advance.lexis.com/documentpage?config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&crid=9076b2ac-4ff8-4448-a7a2-93d6e93bee3b&ecomp=vgf5kkk&haschildren=&level=4&nodeid=AAJAAEAAFAAD&nodepath=/ROOT/AAJ/AAJAAE/AAJAAEAAF/AAJAAEAAFAAD&pddocfullpath=/shared/document/statutes-legislation/urn:contentItem:6348-FS71-DYB7-W3S6-00008-00&pdmfid=1000516&populated=false&prid=5baf7e94-6425-4b28-8680-ade5c173cd5b&title=9-3-71.+General+limitation.) [](https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0007_0003.htm) [](https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-219/) [](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-212) [](https://iga.in.gov/laws/2025/ic/titles/34#34-18-7-1) [](https://www.legis.iowa.gov/docs/code/614.1.pdf) [](https://www.ksrevisor.gov/statutes/chapters/ch60/060_005_0013.html) [](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58050) — [](https://legis.la.gov/Legis/Law.aspx?d=108286) [](https://legislature.maine.gov/statutes/24/title24sec2902-2.html) [](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-109&enactments=false) [](https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section4) [](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5838a) [](https://www.revisor.mn.gov/statutes/cite/541.076) [](https://billstatus.ls.state.ms.us/documents/20023E/html/HB/0001-0099/HB0002SG.htm) — [](https://revisor.mo.gov/main/OneSection.aspx?section=516.105) [](https://leg.mt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0050/0270-0020-0020-0050.html) — [](https://nebraskalegislature.gov/laws/statutes.php?statute=44-2828) [](https://www.leg.state.nv.us/NRS/NRS-041A.html#NRS041ASec097) [](https://www.gencourt.state.nh.us/rsa/html/LII/508/508-4.htm) [](https://pub.njleg.gov/Bills/2018/PL19/120_.HTM) [](https://nmonesource.com/nmos/nmsa/en/4382/1/document.do) [](https://www.nysenate.gov/legislation/laws/CVP/214-A) [](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-15.html) [](https://www.ndlegis.gov/cencode/t28c01.pdf) [](https://codes.ohio.gov/ohio-revised-code/section-2305.113) [](https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=72848) [](https://www.oregonlegislature.gov/bills_laws/ors/ors012.html) [](https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=55§ion=24&subsctn=0) — [](http://webserver.rilegislature.gov/Statutes/TITLE9/9-1/9-1-14.1.htm) [](https://www.scstatehouse.gov/code/t15c003.php) [](https://sdlegislature.gov/Statutes/15-2-14.1) [](https://advance.lexis.com/documentpage?config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&crid=d38bbe80-4f20-4114-9582-2a67996b3a01&ecomp=c38_kkk&haschildren=&level=4&nodeid=ABDABAAABAAG&nodepath=/ROOT/ABD/ABDABA/ABDABAAAB/ABDABAAABAAG&pddocfullpath=/shared/document/statutes-legislation/urn:contentItem:4X8J-71F0-R03N-S3KR-00008-00&pdmfid=1000516&populated=false&prid=47dbfca2-1bdc-438b-8df0-6fff0435f62a&title=29-26-116.+Statute+of+limitations) — [](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm#74.251) [](https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S404.html) [](https://legislature.vermont.gov/statutes/section/12/023/00521) — [](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/) [](https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.350) [](https://code.wvlegislature.gov/55-7B-4/) [](https://docs.legis.wisconsin.gov/document/statutes/893.55) [](https://wyoleg.gov/statutes/compress/title01.pdf) ### How to read the table - **Filing period:** the base deadline and when it starts, either the act or omission, the injury, or discovery. - **Discovery rule:** extra time when the patient could not have known of the injury. "Judicial" means courts apply it but the statute text does not. - **Repose:** the outer limit counted from the act, which usually holds even if the patient never knew. - **Minors:** how a child's claim is timed. Many states cap the extra time at a birthday. - **Other rules:** fraud, concealment, foreign objects and pre-suit notice rules found in the same sections. - **Statute and check:** "Verified twice" means 2 separate reads of the official text agreed on every field. Flagged rows say what could not be checked. ### What is the discovery rule in medical malpractice? The discovery rule starts the clock when the patient knew or should have known of the injury and its likely cause. It exists because many malpractice injuries stay hidden: a missed cancer, a retained sponge, nerve damage that shows up months later. States handle it in 3 ways. Some build discovery into the main period, such as Illinois, Oregon and Utah. Some add a shorter discovery window on top of a period that runs from the act, such as Alabama (6 months), Michigan (6 months) and Washington (1 year). Others leave it to the courts, such as Arizona, New Jersey and Pennsylvania. A few use a pure occurrence rule with no discovery rule in the text, such as New Mexico and South Dakota. ### What is a statute of repose? A statute of repose is a hard outer limit counted from the act or omission. Discovery does not extend it, and in most states minority does not either. California, Colorado, Connecticut, Delaware, Louisiana, Nevada, New Mexico and Tennessee set it at 3 years. Alaska, Missouri, Nebraska, Texas and West Virginia allow up to 10. The usual exceptions are fraud or concealment by the provider and a foreign object left in the body. Courts have also struck some repose statutes: Pennsylvania's 7-year MCARE repose fell in Yanakos v. UPMC (2019), and the validity of Washington's 8-year repose is disputed. ### How do the rules work for minors? Most states give children more time, then cap it. The caps take 3 forms: - A birthday deadline for young children, such as the 8th birthday in Alabama, California, Colorado and Indiana, or the 10th in Iowa, Michigan, Virginia and Wisconsin. - Tolling until 18 with an outer cap, such as Illinois (8 years from the act, never after age 22), Minnesota (max 7 years) and New York (never beyond 10 years after accrual). - No extra time at all: Louisiana applies its 1-year period to minors, and Utah's statute has no minors clause. Birth injuries get special rules in some states. New Jersey requires suit before the 13th birthday, Arkansas sets the 5th birthday for injuries during childbirth, and Nevada extends brain damage and birth defect claims until age 10. ### Which states move the deadline for pre-suit steps? Several states require notice or a review panel before suit, and that step can pause or extend the clock. From the sections we read: - Connecticut: automatic 90-day extension on petition to get the good-faith opinion letter. - Delaware: a certified-mail Notice of Intent tolls the deadline up to 90 days. - Indiana: filing the proposed complaint tolls the period until 90 days after the review panel opinion. - Massachusetts: 182 days' written notice before suit, with exceptions near the deadline. - Mississippi: 60 days' notice; notice served in the last 60 days extends the deadline 60 days. - Ohio: a 180-day letter sent within the year extends the deadline. - Tennessee: proper notice 60 days before filing extends the deadline by 120 days. - Texas: the 60-day notice of claim tolls the period for 75 days. - Maryland: filing with the Health Care Alternative Dispute Resolution Office counts as filing the action. Other states have panels, affidavits or notice rules outside the sections in this table. Check them separately. ### The dates that start the clock are in the records Every rule in the table hangs on a date: the procedure, the last visit in a course of treatment, the first note that names the complication, the day the patient was told. Those dates sit inside hundreds or thousands of pages, often spread across several providers. Medrecords AI reads the records at 100 pages a minute and builds a [medical chronology](https://medrecords.ai/product/chronology/) with a page cite on every entry. You see when treatment started and ended, when the injury first shows up in the chart, and where a gap might matter. It does not calculate the deadline or give legal advice. Counsel applies the statute; the chronology gives counsel the dates. For more on how a chronology is built, see [what a medical chronology is](https://medrecords.ai/guides/what-is-a-medical-chronology/). ### How we checked each state We ran 2 separate research passes. Each pass read the statute for every state, from the official legislature or code site where one exists, and recorded the period, discovery rule, repose, minors rule and other rules with the citation and URL. We then compared the 2 passes field by field and resolved every difference against the official text. All 50 states agree on the base period across both passes. 46 rows were read twice in official text. 4 rows carry a flag: - **Arkansas:** Partly verified: subsection (c) read twice in the official 2025 Acts; subsections (a) and (b) read on Justia only, because the official code is on LexisNexis public access. - **Georgia:** Not verified in the official code: the official O.C.G.A. is on LexisNexis public access, which blocked automated reads. Both passes read Justia and agree. - **Mississippi:** Partly verified: read in the official 2002 enacted bill (HB 2) and on Justia; later amendments not checked in the official code. - **Tennessee:** Not verified in the official code: the official code is on LexisNexis public access, which blocked automated reads. Both passes read Justia and Tennessee court opinions and agree; § 29-26-121 was read in Public Chapter 425 of 2009. Some verified rows carry a narrower note, such as Montana's 2025 change from 3 years to 2, Florida's renumbered subsection and Vermont's unofficial online copy. Case law that changes how a statute applies was not reviewed unless the row says so. ### The short answer Assume 2 years unless your state's row says otherwise, and assume the clock may have started at the act, not at discovery. Then check the 4 things that change the answer: - **Discovery:** does your state add time when the injury could not have been known? - **Repose:** is there an outer cap from the act that discovery cannot extend? - **Minors:** was the patient a child, and which birthday ends the extra time? - **Pre-suit steps:** does a notice, panel or affidavit pause or extend the deadline? Then pin down the dates in the records. Bring us your ugliest case. [Book a demo](https://medrecords.ai/demo/). First case is free on us. See it on your ugliest case We run your messiest production live in a demo and you check any medical fact against its page. First case is free on us. [Book a demo →](https://medrecords.ai/demo/) [See pricing](https://medrecords.ai/pricing/) ### Frequently asked questions #### What is the statute of limitations for medical malpractice? The statute of limitations for medical malpractice is the deadline to file the lawsuit. It is 2 years in 31 states, 1 year in Kentucky, Louisiana, Ohio and Tennessee, 2 years 6 months in New York, 3 years in 13 states and 4 years in Minnesota. Most states also start the clock at discovery, cap it with a repose period and give minors more time. #### Does the statute of limitations start at the date of the mistake or when you find out? It depends on the state. Some states start the clock at the act or omission, such as Texas, Indiana and South Dakota. Many start it when the injury was or should have been discovered, such as Florida, Illinois and Oregon. Several do both: a period from the act plus a shorter period from discovery. #### What is the discovery rule in medical malpractice? The discovery rule starts the clock when the patient knew or should have known of the injury and its likely cause, not on the date of the mistake. Some states write it into the statute; others, such as Arizona, New Jersey and Pennsylvania, apply it through case law. A repose period usually caps how far discovery can stretch the deadline. #### What is the difference between a statute of limitations and a statute of repose? A statute of limitations sets how long you have to sue once the claim accrues, often from discovery. A statute of repose sets an outer limit counted from the act itself, whether or not the patient knew. Florida, for example, has a 2-year limitations period and a 4-year repose from the incident. #### Which state has the shortest statute of limitations for medical malpractice? Kentucky, Louisiana, Ohio and Tennessee have the shortest base period at 1 year. Each softens it: Kentucky and Louisiana run from discovery in some cases, Ohio allows a 180-day extension letter, and Tennessee allows 1 year from discovery and a 120-day extension after pre-suit notice. #### Which state has the longest statute of limitations for medical malpractice? Minnesota has the longest base period at 4 years from accrual, with no separate repose. Several states allow 3 years, and repose caps run as long as 10 years in Alaska, Missouri, Nebraska, Texas and West Virginia. #### How long do you have to sue for medical malpractice for a child? Most states give minors extra time, but the rules vary widely. Missouri allows until the 20th birthday, Rhode Island until age 21, and Illinois up to 8 years from the act but never after the 22nd birthday. Louisiana gives no extra time, and Utah's statute has no minors clause. #### Can you sue for medical malpractice after the statute of limitations? Usually not. A late filing is barred unless a tolling rule applies, such as fraud or concealment by the provider, a foreign object left in the body, minority, or a pre-suit notice extension. The exceptions are narrow and state specific, so check the current statute and talk to a lawyer before the deadline. #### Does Medrecords AI calculate statute of limitations deadlines? No. Medrecords AI does not calculate legal deadlines or give legal advice. It reads the medical records at 100 pages a minute and builds a chronology with a page cite on every entry, so you can find the dates that start the clock, such as the procedure, the last treatment and the first note of the injury. ### Sources Statutes change. Every row links the official text we read; check it for amendments after 2 Nov 2026. - Official statute pages for all 50 states (linked in the last column of the table, read 1 to 2 Nov 2026) - [Arkansas Act 140 of 2025 (SB 213), amending § 16-114-203(c)](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT140.pdf) (read 2 Nov 2026) - [Arkansas Act 124 of 2025 (HB 1427), the identical House bill](https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT124.pdf) (read 2 Nov 2026) - [Mississippi HB 2, 2002 3rd Extraordinary Session, enacting § 15-1-36](https://billstatus.ls.state.ms.us/documents/20023E/html/HB/0001-0099/HB0002SG.htm) (read 2 Nov 2026) - [New Mexico HB 75 (2021), amending § 41-5-13](https://nmlegis.gov/Sessions/21%20Regular/final/HB0075.pdf) (read 2 Nov 2026) ### Related reading [AI medical chronology for med mal →](https://medrecords.ai/guides/ai-medical-chronology-medical-malpractice/) [EHR audit trails in med mal →](https://medrecords.ai/guides/ehr-audit-trail-medical-malpractice/) [What is a medical chronology? →](https://medrecords.ai/guides/what-is-a-medical-chronology/) ### More guides - [**Practice guidelines and the standard of care** — How clinical practice guidelines work as evidence of the standard of care, how to find the edition in force on…](https://medrecords.ai/guides/clinical-practice-guidelines-standard-of-care/) - [**Radiology report** — What each part of a radiology report means, preliminary vs final reads, federal rules, what error studies show…](https://medrecords.ai/guides/radiology-report/) - [**Reconciling a defense record production** — Why the defense production never matches your pre-suit medical records, and a page-level method to reconcile…](https://medrecords.ai/guides/reconciling-defense-record-production/) - [**SANE exam records** — What a SANE exam record contains, how consent, evidence and chain of custody are documented, and how…](https://medrecords.ai/guides/sane-exam-sexual-assault-records/) - [**SOAP note** — What goes in each part of a SOAP note, how progress notes are written and billed, a worked example, a SOAP note…](https://medrecords.ai/guides/soap-note/) - [**TBI imaging, diffuse axonal injury and DTI** — TBI imaging in court: why a normal CT does not rule out brain injury, how SWI and DTI get challenged, and the…](https://medrecords.ai/guides/tbi-imaging-diffuse-axonal-injury-dti/)