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Medical Malpractice

ALABAMA

2 Years

Medical, Dental, and Hospital Malpractice

SOL: 2 Years with Discovery Rule (if discovered after 2 years, then 6 months from discovery).

SOR: 4 years after date of injury.

Tolls: Children under 4 have until 8 th birthday to file claim with a maximum of 4 years.

ALASKA

2 Years 2 Years with Discovery Rule

ARIZONA

2 Years 2 Years with Discovery Rule

ARKANSAS

2 Years 2 years from date of malpractice.  If discovery of a foreign object occurs after 2 years, plaintiff has 1 additional year to bring claim. Minors under age nine have until age 11.

CALIFORNIA

3 Years 3 Years from date of injury or 1 year from date of discovery, whichever occurs first except for foreign objects where SOL runs from when object is, or should have been, discovered.  Infants under 6 have 3 years maximum, or prior to age 8, to commence actions (unless tolled by fraud or collusion of parent or guardian and defendant’s insurer or health care provider in failure to bring action for minor as a result of professional negligence).  SOL tolled for fraud or intentional concealment of presence of non-therapeutic, non-diagnostic foreign body in person of plaintiff. This 3 year SOL is an exception to the 1 year wrongful death statute.

COLORADO

2 Years 2 years from date of accrual, but in no case more than 3 years from date of act. If malpractice was knowingly concealed, or foreign object, then 2 years from discovery. Child under 8, who was under 6 at time of malpractice, must bring claim before 8 th birthday. Damages for medical malpractice limited to $1,000,000 maximum for pain and suffering and periodic payments if award exceeds $150,000.

CONNECTICUT

2 Years Medical, Dental, and Hospital Malpractice
2 Years from date of injury or discovery, but no more than 3 years from date of malpractice.

DELAWARE

2 Years 2 years from date of injury, with Discovery Rule of no more than 3 years from malpractice.

Tolls: Children under age 6 have 2 years, or until their 6 th birthday, to bring claim.

Damages: Several special rules apply to compensatory and punitive damage awards in medical malpractice.

DISTRICT OF COLUMBIA

3 Years 3 Years with Discovery Rule

FLORIDA

2 Years 2 years with discovery rule (maximum 4 years from the malpractice). SOL applies to minors 8 and older. Infant must bring suit by 8th birthday or within SOL whichever is greater. (When nature of bodily damage that occurs during medical treatment is such that, in and of itself, it communicates possibility of medical negligence, then statute of limitations begins to run;  however, if there is nothing about injury that would communicate to reasonable lay person that injury is more likely the result of some failure of medical care than a natural occurrence that can arise in absence of medical negligence, knowledge of injury itself does not necessarily trigger running of statute of limitations.)

GEORGIA

2 years from date of death or injury or 1 year from discovery of foreign object.  No more than 5 years from act. Minors: 2 years from age 5 if action arose before 5th birthday.

HAWAII

2 years with discovery rule but maximum SOL of 6 years from date of act. 6 year rule does not apply if malpractice was concealed by fraud. Minors: age 10 or within 6 years, whichever is longer.

IDAHO

2 years with Discovery Rule that runs from when injury is, or should have been discovered.  1 year following accrual or 2 years following act or omission. SOL runs from discovery of any foreign object left in body.

INDIANA

2 Years 2 years from act or omission subject to certain statutory exceptions. Minors under age 6 until age 8.

IOWA

2 years with maximum discovery rule of 6 years from occurrence. SOL applies to minors 8 and older. A minor under 8 has until 10th birthday to file suit. Mentally ill: 1 year from end of disability.

KANSAS

2 Years 2 years with Discovery Rule, but never more than 4 years from date of occurrence.

KENTUCKY

1 Year 1 Year with Discovery Rule but 5 year maximum from occurrence

MAINE

3 years with Discovery Rule. Minors must file claim within 6 years after cause of action or 3 years after minor reaches age of majority.  3 years for personal injury or death in medical malpractice.
Requires written notice of claim on defendant.  SOL tolled from date upon which notice of claim filed until 30 days after claimant receives notice of findings by malpractice panel.

MARYLAND

5 years from injury or 3 years from discovery.  If plaintiff under 11, period commences on 11th birthday unless damage is to reproductive system or by foreign object and then it commences at age 16.

MASSACHUSETTS

3 years with Discovery Rule.  Maximum of 7 years after injury, unless foreign object involved and then SOL runs from when object is, or should have been, discovered.

MICHIGAN

2 years, or 6 months from discovery.  Maximum 6 years, except if fraud by defendant, or foreign object. In the case of a minor under eight years of age, the statute begins to run on the minor’s 10th birthday or within the two-year statute of limitations, whichever time period is greater. Where a minor under 13 suffers an injury to the reproductive system, the statute begins to run on the minor’s 15th birthday or within the general two-year medical malpractice statute of limitations, whichever time period is greater. Malpractice claims require 182 days prior written notice of claim during which time SOL is tolled.  If plaintiff is 13 or under, claim must be filed on or before 15th birthday.

MINNESOTA

2 Years 2 years with Discovery Rule

MISSISSIPPI

2 Years 2 years with Discovery Rule (including wrongful death), 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.

MISSOURI

2 Years 2 years with Discovery Rule.  Infant under 18 has until 20th birthday to bring action.  Foreign object, within 2 years of discovery, maximum of 10 years from date of occurrence, or minor’s 20th birthday.

MONTANA

3 years with Discovery Rule, maximum of 5 years for foreign object in medical cases, 10 years in legal cases. These rules apply to minors that are four years of age and older. In the case of minors under four, the statute begins to run on the minor’s eighth birthday.

NEBRASKA

2 Years 2 years. 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. In no event may a medical malpractice action be filed more than 10 years after the act giving rise to the injury occurred.

NEVADA

4 years after date of injury and 2 years after date of discovery if occurring before 10/1/02, 3 years if occurring after 10/1/02.  Statute tolled during period where action is pending before medical malpractice screening panel.

NEW HAMPSHIRE

2 Years 2 years. Actions against health-care providers must be filed within two years of the malpractice. This limitations period applies to minors who are eight and older. A minor under eight has until his or her 10th birthday to file a medical malpractice action. In foreign object cases, suit must be filed within two years of insertion of the foreign object or within two years of discovering the foreign object, whichever is earlier. This rule applies to minors.

NEW JERSEY

2 Years 2 years with Discovery Rule

NEW MEXICO

3 Years 3 years with Discovery Rule. If plaintiff is under age 6 at time of act, he/she has until 9th birthday to bring action. Damages limited to $600,000 excluding punitive damages.

NEW YORK

2 ½ years (3 years for other professional malpractice [legal, etc.]).  Tolled for foreign object or continuous treatment.  Statute runs from end of continuous treatment or discovery of foreign object [1 year]. *If the malpractice is fraudulently concealed, SOL is 6 years from when fraud is, or should have been, discovered. Infants: tolled, but not to exceed 10 years.

NORTH CAROLINA

3 Years 3 years with Discovery Rule (1 year from reasonable discovery), but no more than 4 years from last act, unless foreign object, then 1 year from discovery, never more than 10 years.  1 year if discovered 2 or more years after occurrence. Minors: until age 19.

NORTH DAKOTA

2 Years 2 years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant’s conduct.

OHIO

1 Year 1 year with Discovery Rule but, if prior to expiration of 1 year claimant gives written notice to defendant, action can be commenced within 180 days after notice. In foreign object cases SOL is 1 year from discovery with a 4 year SOR maximum. Minors: 4 years from malpractice.

OKLAHOMA

2 Years 2 years with Discovery Rule. In the case of a minor under 12, the parent or guardian must bring suit on behalf of the minor within seven years after the malpractice. If the minor was injured at age 12 or older, he or she has one year after turning 18 to file suit. In no event may such a minor file suit less than two years after the date of the act giving rise to the injury occurred.

OREGON

2 years with Discovery Rule but, action must be commenced within 5 years of date of act unless delay is due to fraud, deceit, or misrepresentation, and then, action must be commenced within 2 years of when such is, or should have been, discovered.

PENNSYLVANIA

2 Years 2 years with Discovery Rule

RHODE ISLAND

3 Years 3 years with Discovery Rule.

SOUTH CAROLINA

3 Years 3 years with Discovery Rule but not to exceed 6 years (SOR)from date of occurrence.  Foreign object: 2 years from discovery but minimum SOL is 3 years from placement. Minors: Maximum toll is 7 years or 1 year after reaching majority.

SOUTH DAKOTA

2 Years 2 years with Discovery Rule.  SOL extended by continuous treatment. In the case of a minor under six, the child has two years after his or her sixth birthday to file a medical malpractice action. In the case of minors six and older, the minor must file suit within three years of the malpractice.

TENNESSEE

1 year with Discovery Rule. (No continuous treatment rule). In foreign objects and fraudulent concealment cases SOL runs from discovery. SOR: 3 years from the negligence, applies to infants and is not tolled for infancy in any case commenced after December 9, 2005.

TEXAS

2 years with Discovery Rule to a maximum of 10 years. Minors: under 12 to age 14.

U.S. VIRGIN ISLANDS

2 Years 2 years

UTAH

2 years with Discovery Rule (1 year from act) but never more than 4 years from occurrence. Actions against health-care providers must be filed within two years of the malpractice or within two years from the date the injury was, or should have been, discovered. In no event may a person file a medical malpractice action more than four years from the date of the act giving rise to the injury. These time limitations also apply to minors under 18. In foreign object cases suit must be filed within one year of insertion of the object or within one year from the date the plaintiff discovered, or should have discovered, the object. These time limitations also apply to minors under 18. Various rules apply to amount of recovery.

VERMONT

3 Years 3 years from malpractice or within two years of the date that the injury was, or should have been, discovered. In no event may suit be filed more than seven years (SOR) from the date of the malpractice. If a foreign object is not discovered within the three-year medical malpractice statute of limitations, the plaintiff may file suit within two years of the date that the object was, or should have been, discovered.

VIRGINIA

2 years. Medical malpractice actions must be filed within two years of the malpractice. In the case of minors under the age of eight, the minor has until his or her 10th birthday to file suit. In the case of minors eight and older, suit must be filed within two years of the date that the act giving rise to the injury occurred. In foreign object cases, suit must be filed within one year from the date that the object was, or should have been, discovered. In no event may suit be filed more than 10 years (SOR) from the date that the object was actually inserted.  For medical malpractice cases, limits on recovery apply.

WASHINGTON

3 years with Discovery Rule (1 year whichever is later) but no more than 8 years from wrongful act, unless intentional concealment of foreign object.

WEST VIRGINIA

2 years with Discovery Rule but no more than 10 years from date of occurrence. Minors: under 10 have 2 years from injury or age 12, whichever is longer.

WISCONSIN

3 years with Discovery Rule (1 year after discovery, whichever is later) but never more than 5 years.  Minors must sue for personal injury from health care providers within 3 years of date of injury or 1 year from discovery or by age 10. Non-economic damages capped at $750,000.

WYOMING

2 years from act or discovery.  Minors must commence action by 18th birthday or 2 years from act, whichever is later. Legal disability:  1 year from removal.