Medical Malpractice

ALABAMA
2 Years All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two year period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.Ala. Code § 6-5-482(a)
ALASKA
2 Years

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.

The statute of limitations does not begin to run until the plaintiff discovers, or reasonably should have discovered, the existence of all elements essential to the cause of action. Pederson v. Zielski, 822 P.2d 903, 906-07 (Alaska 1991).

ARIZONA
2 Years Except as provided in § 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:
1. For injuries done to the person of another including causes of action for medical malpractice as defined in § 12-561. Ariz. Rev. Stat. Ann. § 12-542
ARKANSAS
2 Years Where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-year period, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier.

Continuing Treatment: Treatment by the doctor is a continuing course and the patient's illness, injury or condition is of such a nature as to impose on the doctor a duty of continuing treatment and care, the statute does not commence running until treatment by the doctor for the particular disease or condition involved has terminated--unless during the treatment the patient learns or should learn of negligence, in which case the statute runs from the time of discovery, actual or constructive. Ark. Code Ann. §16-114-203 and Raynor v. Kyser, 993 S.W. 2d 913, 915 (Ark. 1999).
CALIFORNIA
3 Years In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Cal. Civ. Proc. Code § 340.5
COLORADO
2 Years (1) Except as otherwise provided in this section or section 25.5-4-307, C.R.S., no action alleging negligence, breach of contract, lack of informed consent, or other action arising in tort or contract to recover damages from any health care institution, as defined in paragraph (a) of subsection (2) of this section, or any health care professional, as defined in paragraph (b) of subsection (2) of this section, shall be maintained unless such action is instituted within two years after the date that such action accrues pursuant to section 13-80-108(1), but in no event shall an action be brought more than three years after the act or omission which gave rise to the action. Colo. Rev. Stat. Ann. § 13-80-102.5

The statute of limitations begins to run when the injured person discovers or in the exercise of reasonable diligence should have discovered the injury. Quiroz v. Goff, 46 P. 3d 486, 488 (Colo. App.), 2002.
CONNECTICUT
2 Years No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except that a counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed. Conn. Gen. Stat. Ann. § 52-584

Action must be brought within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. Taylor v. Winsted Memorial Hospital, 817 A. 2d 619, 625 (Conn. 2003).
DELAWARE
2 Years No action for the recovery of damages upon a claim against a health care provider for personal injury, including personal injury which results in death, arising out of medical negligence shall be brought after the expiration of 2 years from the date upon which such injury occurred, and not thereafter; and
(1) Solely in the event of personal injury the occurrence of which, during such period of 2 years, was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter... Del. Code Ann. tit. 18, § 6856

The two year period statute of limitations may be extended where the injury was unknown and could not have been discovered in the exercise of reasonable diligence during the two years, in which case an action may be brought within three years from the date of injury. Ewing v. Beck, 520 A.2d 653, 658 (Del. 1987) and Meekins v. Barnes, 745 A.2d 893, 898 (Del. 2000).
DISTRICT OF COLUMBIA
3 Years A medical malpractice claim does not accrue until the patient has discovered or reasonably should have discovered all of the essential elements of her possible cause of action. Colbert v. Georgetown Univ., 641 A. 2d 469, 473-73 (D.C. Ct. App. 1994).
FLORIDA
2 Years An action for medical malpractice shall be commenced within two years from the time the incident giving rise to the action occurred or within two years from the time the incident is discovered, or should have been discovered with the exercise of due diligence. Florida Statute Annotated §95.11 (4)(b).
GEORGIA
2 Years (a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
(c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation. Ga. Code Ann. § 9-3-71
HAWAII
2 Years No action for injury or death against a chiropractor, clinical laboratory technologist or technician, dentist, naturopathic physician, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any such person, based upon such person's alleged professional negligence, or for rendering professional services without consent, or for error or omission in such person's practice, shall be brought more than two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death. This six-year time limitation shall be tolled for any period during which the person has failed to disclose any act, error, or omission upon which the action is based and which is known to the person. Haw. Rev. Stat. § 657-7.3
IDAHO
2 Years "… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…" Idaho Code Ann. § 5-219
ILLINOIS
2 Years Medical Malpractice action " whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death." 735 Ill. Comp. Stat. Ann. 5/13-212.

Under discovery rule, statute of limitations on patient's medical malpractice claim against his family physician in connection with injuries allegedly resulting from an aborted endoscopic diagnostic procedure to determine whether patient had hepatitis C began to run, at the latest, when patient filed initial malpractice complaint against defendants other than family physician alleging medical negligence in connection with same procedure.  Hanks v. Cotler, 355 Ill.Dec. 314 (2011).

Prior knowledge of negligent conduct in surgery which resulted in one type of physical manifestation of injury did not preclude running of separate two-year statute of limitations once physical manifestation of another type of injury was discovered at a later date where no amount of diligent investigation of circumstances at time of discovery of negligence would have revealed the particular breach of duty which ultimately led to subsequent injury and, therefore, claim arising out of subsequent injury was not time barred, even though claim for injuries which occurred immediately after surgery was time barred.  Cuerton v. American Hosp. Supply Corp., 136 Ill.App.3d 231 (1985).

If the injury is an aggravation of a physical problem which may naturally develop, absent negligent causes, a plaintiff is not expected to immediately know of either its existence or potential wrongful cause to trigger two-year statute of limitations for medical malpractice, and it is manifestly unrealistic and unfair to bar a negligently injured party's cause of action before he has an opportunity to discover that it exists.  Clark v. Galen Hosp. Illinois, Inc., 322 Ill.App.3d 64 (2001).

As respects the question whether plaintiff's injury was such that she should have known of it on the last date of treatment by defendant dentist, plaintiff's belief in defendant's alleged assurances that her bleeding gums were consistent with her dental habits and his reconstructive treatment was compatible with plaintiff's claims in the trial court and on appeal that this was not the sort of traumatic occurrence for which the injury and her knowledge of it would necessarily be concomitant;  plaintiff may reasonably have believed that the continuing pain in her mouth was a normal result of major reconstructive therapy rather than defendant's failure to treat her preexisting periodontal disease.  Kaufman v. Taub, 87 Ill.App.3d 134 (1980)
INDIANA
2 Years "A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor's eighth birthday to file." Indiana Code Ann. § 34-18-7-1

"In general, a plaintiff's lay suspicion that there may have been malpractice is not sufficient to trigger the two-year medical malpractice statute of limitations; however, a plaintiff need not definitely know or be informed that malpractice caused his or her injury to trigger the beginning of the statutory time period. " Houser v. Kaufman, 972 N.E.2d 927 (Ind. App. 2012). For purposes of the limitations period for a medical malpractice claim against a physician, “reasonable diligence” requires a patient to take action if he or she knows of both the injury and/or disease and the treatment that either caused or failed to identify or improve it. Id.

When a doctor has expressly informed a plaintiff that he or she has a specific injury and that there is a reasonable possibility, if not a probability, that the specific injury was caused by a specific act at a specific time, question of when medical malpractice statute of limitations began to run may become one of law; under such circumstances, a plaintiff generally is deemed to have sufficient facts to require him or her to seek promptly any additional medical or legal advice needed to resolve any remaining uncertainty or confusion he or she may have regarding the cause of his injury and any legal recourse he or she may have. Id.

Statute of limitations on medical malpractice claim by patient who alleged that physician who had performed three breast implant procedures had made affirmative misrepresentations that breast implants were saline implants, when in fact implants used contained significant amounts of silicone, began to run almost eight years after final procedure, when patient first discovered that her implants contained silicone.  (Per Selby, J., with one Justice concurring and two Justices concurring in the result.) Halbe v. Weinberg, 717 N.E.2d 876 (Ind. 1999).
IOWA
2 Years Action " arising out of patient care, within two years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of, the injury or death for which damages are sought in the action, whichever of the dates occurs first, but in no event shall any action be brought more than six years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death unless a foreign object unintentionally left in the body caused the injury or death." Iowa Code § 614.1(9).

The statute of limitations for medical malpractice cases is triggered upon actual or imputed knowledge of both the injury and its cause in fact; knowledge of the wrongfulness of the defendant's conduct, however, is not required to commence the statute of limitations.  Murtha v. Cahalan, 745 N.W.2d 711 (Iowa 2008).

A plaintiff does not need to know the full extent of the injury before the statute of limitations in a medical malpractice action begins to run.  Rathje v. Mercy Hosp., 745 N.W.2d 443 (Iowa 2008).
KANSAS
2 Years  The following actions shall be brought within two years:
(7) An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract. Kan. Stat. Ann. § 60-513
KENTUCKY
1 Year Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render, professional services for others shall be brought within one (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured. Time shall not commence against a party under legal disability until removal of the disability. Ky. Rev. Stat. Ann. § 413.245
LOUISIANA
1 Year No action for damages for injury or death against any physician, chiropractor, nurse, licensed midwife practitioner, dentist, psychologist, optometrist, hospital or nursing home duly licensed under the laws of this state, or community blood center or tissue bank as defined in R.S. 40:1299.41(A), whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought unless filed within one year from the date of the alleged act, omission, or neglect, or within one year from the date of discovery of the alleged act, omission, or neglect; however, even as to claims filed within one year from the date of such discovery, in all events such claims shall be filed at the latest within a period of three years from the date of the alleged act, omission, or neglect. La. Rev. Stat. Ann. § 9:5628

A plaintiff's mere apprehension that something may be wrong is insufficient to commence the running of prescription unless the plaintiff knew or should have known through the exercise of reasonable diligence that his problem may have been caused by acts of malpractice.  Williams v. Tri-State Physical Therapy Inc., 850 So.2d 991, (La.App. 2 Cir. 6/25/03),
MAINE
3 Years Except as provided in section 2902-B, actions for professional negligence must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury. Notwithstanding the provisions of Title 14, section 853, relating to minority, actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs. 24 Me. Rev. Stat. § 2902

Under Maine law, a cause of action for medical malpractice accrues on the date of the act or omission giving rise to the injury.  Lucas v. D'Angelo, 37 F.Supp.2d 45 (D. Me. 1999).

Patient's claim against oral surgeons for failing to warn of the dangers of implant inserted to relieve jawbone malfunctions accrued, and three year statute of limitations for professional negligence began to run, when oral surgeons sent such patient a letter that advised patient of a safety alert from the Food and Drug Administration (FDA) regarding possible dangers associated with the implants.  Farnum v. Oral Surgery Associates (2007) Me., 933 A.2d 1267.
MARYLAND
5 Years

An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:

(1) Five years of the time the injury was committed; or
(2) Three years of the date the injury was discovered. Md. Code Ann., Cts. & Jud. Proc. § 5-109

Right of action for injury or damage for medical malpractice may accrue when patient knows or should know he has suffered injury or damage;  if it is impossible for him, as layman unskilled in medicine, reasonably to understand or appreciate that actionable harm has been done him, he has statutory limitation period from moment of discovery, when he knows or should know he has cause of action, within which to sue. Waldman v. Rohrbaugh, 241 Md. 137 (1966).

MASSACHUSETTS
3 Years Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A

A claim of medical malpractice must be filed within three years of the date the cause of action accrues. G.L. c. 260, § 4. A cause of action for medical malpractice accrues when the plaintiff “(1) knew or had sufficient notice that [he] was harmed; and (2) knew or had sufficient notice of the cause of the harm.” Lindsay v. Romano, 427 Mass. 771, 774 (1998), quoting from McGuinness v. Cotter, 412 Mass. 617, 627 (1992).

There is no requirement that a plaintiff have notice that the defendant was actually responsible for the injury, only that he or she have knowledge or sufficient notice that the medical care given by the defendant may have caused the injury. Lindsay v. Romano, 427 Mass. at 774. Under the “discovery rule,” the limitation period starts when “the connection between the defendant's actions and the plaintiff's alleged injury becomes either known or knowable.” Doe v. Creighton, 43
MICHIGAN
2 Years Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(6) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice. Mich. Comp. Laws Ann. § 600.5805

(2) Except as otherwise provided in this subsection, an action involving a claim based on medical malpractice may be commenced at any time within the applicable period prescribed in section 58051 or sections 5851 to 5856,2 or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. However, except as otherwise provided in section 5851(7) or (8), the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim. Mich. Comp. Laws Ann. § 600.5838a
MINNESOTA
4 Years (b) An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date the cause of action accrued. Minn. Stat. Ann. § 541.076

Generally, the cause of action accrues when the physician's treatment for the particular condition ceases. Johnson v. Winthrop Laboratories Division of Sterling Drug, Inc., 291 Minn. 145, 149, 190 N.W.2d 77, 80 (1971); Schmit v. Esser, 183 Minn. 354, 358, 236 N.W. 622, 624–25 (1931). The statute of limitations will be extended when a doctor's negligence is part of a continuing course of treatment, such as when a doctor consistently fails to properly treat a fracture.
Fabio v. Bellomo, 504 N.W.2d 758, 762 (Minn. 1993)
MISSISSIPPI
2 Years (1) For any claim accruing on or before June 30, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered.

(2) For any claim accruing on or after July 1, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered, and, except as described in paragraphs (a) and (b) of this subsection, in no event more than seven (7) years after the alleged act, omission or neglect occurred. Miss. Code. Ann. § 15-1-36


In passing Mississippi Code Annotated Section 15-1-36, the Legislature shortened the limitation period for bringing a medical-malpractice suit, but adopted a “ ‘discovery’ standard” for triggering the running of the statute. Sweeney v. Preston, 642 So.2d 332, 333 (Miss.1994).
MISSOURI
2 Years All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of... Mo. Ann. Stat. § 516.105
MONTANA
3 Years (1) Action in tort or contract for injury or death against a physician or surgeon, dentist, registered nurse, nursing home or hospital administrator, dispensing optician, optometrist, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, pharmacist, veterinarian, a licensed hospital or long-term care facility, or licensed medical professional corporation, based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsection (2), be commenced within 3 years after the date of injury or within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury. However, this time limitation is tolled for any period during which there has been a failure to disclose any act, error, or omission upon which an action is based and that is known to the defendant or through the use of reasonable diligence subsequent to the act, error, or omission would have been known to the defendant. Mont. Code Ann. § 27-2-205
NEBRASKA
2 Years The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute. Neb. Rev. Stat. § 25-208
Patient brought medical malpractice action against physician. Physician demurred on ground that action was time barred. The District Court, Buffalo County, DeWayne Wolf, J., sustained demurrer. Patient appealed. The Supreme Court, Caporale, J., held that either two-year medical malpractice statute of limitations or two-year professional negligence statute of limitations applied. Olsen v. Richards 232 Neb. 298, 440 N.W.2d 463 Neb.,1989 May 26, 1989
NEVADA
4 Years Except as otherwise provided in subsection 3, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first... Nev. Rev. Stat. Ann. § 41A.097
NEW HAMPSHIRE
3 Years I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4
NEW JERSEY
1 Year Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday. N.J. Stat. Ann. § 2A:14-2

Under discovery rule, two-year limitations period for medical malpractice action begins to run when patient's suspicions ripen into knowledge that her injuries “may be” attributable to physician's faulty treatment, not at later date on which patient receives expert opinion that physician's conduct amounts to malpractice. N.J.S.A. 2A:14–2. Brizak v. Needle 239 N.J.Super. 415, 571 A.2d 975 N.J.Super.A.D.,1990. March 16, 1990
Medical malpractice action is governed by the two-year statute of limitations. McGrogan v. Till, 327 N.J.Super. 595, 744 A.2d 255 (A.D.2000), certification granted 165 N.J. 132, 754 A.2d 1209, affirmed as modified 167 N.J. 414, 771 A.2d 1187
NEW MEXICO
3 Years No claim for malpractice arising out of an act of malpractice which occurred subsequent to the effective date of the Medical Malpractice Act may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred except that a minor under the full age of six years shall have until his ninth birthday in which to file. This section applies to all persons regardless of minority or other legal disability. N.M. Stat. Ann. § 41-5-13
NEW YORK
2 Years An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure; provided, however, that where the action is based upon the discovery of a foreign object in the body of the patient, the action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. For the purpose of this section the term “continuous treatment” shall not include examinations undertaken at the request of the patient for the sole purpose of ascertaining the state of the patient's condition. For the purpose of this section the term “foreign object” shall not include a chemical compound, fixation device or prosthetic aid or device.
The course of treatment provided by the physician must be continuous, and must be for the same conditions or complaints underlying the plaintiff's medical malpractice claim, for purposes of tolling statute of limitations for medical malpractice claim under continuous treatment doctrine. McKinney's CPLR 214–a.
NORTH CAROLINA
3 Years Statute governing accrual of cause of action for malpractice arising out of performance or failure to perform professional services establishes a four-year statute of repose and a three-year statute of limitations. N.C.G.S.A. § 1-15(c)

(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: **795 Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: ...N.C.G.S.A. § 1-15(c) Sharp v. Teague 113 N.C.App. 589, 439 S.E.2d 792 N.C.App.,1994. February 15, 1994 Udzinski v. Lovin 159 N.C.App. 272, 583 S.E.2d 648 N.C.App.,2003.
NORTH DAKOTA
2 Years Ations having two-year limitations
An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital. This limitation is subject to the provisions of section 28-01-25. N.D. Cent Code §28-01-18(3).
The two-year statute of limitations governing a medical malpractice claim begins to run only when the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence.
White v. Altru Health System 746 N.W.2d 173 N.D.,2008. March 20, 2008
OHIO
1 Year Except as otherwise provided in this section, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued. Ohio Rev. Code Ann. § 2305.113

The cause of action does not accrue until either (1) the patient discovers or in the exercise of reasonable care and diligence should have discovered the resulting injury or (2) the physician-patient relationship for the condition terminates, whichever occurs later. Burden v. Lucchese, 877 N.E. 2d 1026, 1031 (Ct. App. Ohio 2007).
OKLAHOMA
2 Years An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation. Okla. Stat. Ann. tit. 76, § 18

The statute of limitations period begins to run from the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of. Wing v. Lorton, 261 P.3d 1122, 1126 (Okla. 2011).
OREGON
2 Years An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160, every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered. Or. Rev. Stat. Ann. § 12.110

The statute of limitations begins to run from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. ORS 12.110 and Greene v. Legacy Emanuel Hosp. and Health Care Center, 60 P.3d 535, 538 (Or. 2002).
PENNSYLVANIA
2 Years The following actions and proceedings must be commenced within two years:
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524
PUERTO RICO
1 Year In Puerto Rico, medical malpractice claims are governed by the one-year statute of limitations for tort actions.1 31 L.P.R.A. § 5298 (1990). The prescriptive period begins to run from “the time the aggrieved person has knowledge” of the injury. A plaintiff has “knowledge” of the injury when she has “notice of the injury, plus notice of the person who caused it.” Reyes Santana v. Hospital Ryder Memorial, Inc., 130 F.Sup.2d 270, 274-75 (D. Puerto Rico 2001).
RHODE ISLAND
3 Years Notwithstanding the provisions of §§ 9-1-13 and 9-1-14, an action for medical, veterinarian, accounting, or insurance or real estate agent or broker malpractice shall be commenced within three (3) years from the time of the occurrence of the incident which gave rise to the action R.I. Gen. Laws Ann. § 9-1-14.1

In Wilkinson v. Harrington, 104 R.I. 224, 237, 243 A.2d 745, 752 (1968), we held that the discovery rule applied to a medical malpractice case wherein an injury remained latent for years, undiscoverable by the victim. Ashey v. Kupchan, 618 A.2d 1268, 1269-70 (R.I. 1993).
SOUTH CAROLINA
3 Years In any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider as defined in Article 5, Chapter 79, Title 38 acting within the scope of his profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section. S.C. Code Ann. § 15-3-545

In the medical malpractice context, our supreme court applied the reasonable diligence analysis under the general discovery rule set forth in Snell v. Columbia Gun Exchange, 276 S.C. 301, 278 S.E.2d 333 (1981). “ ‘[A]n injured party must act with some promptness where the facts and circumstances of the injury would put a person of common knowledge on notice that some right of his has been invaded or that some claim against another party might exist.’ ” Strong v. Univ. of S.C. Sch. of Med., 316 S.C. 189, 191, 447 S.E.2d 850, 852 (1994) (quoting Snell at 303, 278 S.E.2d at 334) (emphasis added).
SOUTH DAKOTA
2 Years An action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake, or failure to cure, whether based upon contract or tort, can be commenced only within two years after the alleged malpractice, error, mistake, or failure to cure shall have occurred, provided, a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts after the limitation herein prescribed, notwithstanding it is barred by the provisions of this chapter, if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim was sued or originated, but no judgment thereon except for costs can be rendered in favor of the party so pleading it. S.D. Codified Laws § 15-2-14.1

SDCL 15–2–14.1 is an “occurrence rule” statute of limitations for medical malpractice. Beckel v. Gerber, 578 N.W.2d 574, 578. The cause of action for medical malpractice accrues when the malpractice occurs. Peterson v. Burns,635 N.W.2d 556, 563 (2001).
TENNESSEE
1 Year The following actions shall be commenced within one (1) year after the cause of action accrued:
(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise; Tenn. Code Ann. § 28-3-104
TEXAS
2 Years (a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability.
(b) A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred. Tex. Civ. Prac. & Rem. Code Ann. § 74.251

(held that two-year statute of limitations on health care liability claims was unconstitutional on its face as applied to minors.) Adams v. Gottwald, 179 S.W.3d 101 (Tex. App. 2005)
U.S. VIRGIN ISLANDS
2 Years No claim, whether in contract or tort, may be brought against a health care provider based upon professional services or health care rendered or which should have been rendered unless filed within two (2) years from the date of the alleged act, omission or neglect except that for such a claim against a health care provider for malpractice arising from a foreign object being left in a patient's body the time within which the claim must be filed shall be computed from the time the plaintiff discovers the presence of the foreign object or discovers facts which would reasonably lead to the discovery of the presence of the foreign object. 27 V.I.C. § 166d
UTAH
2 Years (1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. Utah Code Ann. § 78B-3-404

See also, Jensen v. IHC Hospitals, Inc., 944 P.2d 327, 332 (Utah 1997) (The statute includes a discovery rule, providing that the two-year limitations period does not begin to run until the “patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs.” Utah Code Ann. § 78–14–4(1). In Utah, the discovery rule includes the judicially created doctrine of fraudulent concealment. See Berenda, 914 P.2d at 51.)
VERMONT
3 Years Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. Vt. Stat. Ann. tit. 12, § 521
VIRGINIA
2 Years Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. Va. Code Ann. § 8.01-243
WASHINGTON
3 Years The following actions shall be commenced within three years:
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; Wash. Rev. Code Ann. § 4.16.080
WEST VIRGINIA
2 Years (a) A cause of action for injury to a person alleging medical professional liability against a health care provider arises as of the date of injury, except as provided in subsection (b) of this section, and must be commenced within two years of the date of such injury, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs: Provided, That in no event shall any such action be commenced more than ten years after the date of injury. W. Va. Code Ann. § 55-7B-4

Medical Professional Liability Act requires an injured plaintiff to file malpractice claim against health care provider within two years of date of injury, or within two years of date when such person discovers, or with exercise of reasonable diligence, should have discovered such injury, whichever last occurs. Code, 55-7B-4. Gaither v. City Hosp., Inc., 1997, 487 S.E.2d 901, 199 W.Va. 706.W. Va. Code Ann. § 55-7B-4 (West) . Ten-year statute of repose contained in Medical Professional Liability Act is clear statutory prohibition to application of discovery rule. Code, 55-7B-4. Gaither v. City Hosp., Inc., 1997, 487 S.E.2d 901, 199 W.Va. 706
WISCONSIN
3 Years (1m) Except as provided by subs. (2) and (3), an action to recover damages for injury arising from any treatment or operation performed by, or from any omission by, a person who is a health care provider, regardless of the theory on which the action is based, shall be commenced within the later of:(a) Three years from the date of the injury, or(b) One year from the date the injury was discovered or, in the exercise of reasonable diligence should have been discovered, except that an action may not be commenced under this paragraph more than 5 years from the date of the act or omission. Wis. Stat. Ann. § 893.55
WYOMING
2 Years A cause of action arising from an act, error or omission in the rendering of licensed or certified professional or health care services shall be brought within the greater of the following times:(i) Within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:(A) Not reasonably discoverable within a two (2) year period; or(B) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence. Wyo. Stat. Ann. § 1-3-107

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