Medical malpractice statute of limitations

If you believe that you are a victim of medical or doctor malpractice, then you need to know that there is a time limit, called the Medical Malpractice Statute of Limitations, within which to file a doctor malpractice lawsuit or complaint.

Here is a list of medical malpractice statute of limitations. This list is intended only as rough guide and is not comprehensive.

Keep in mind that there are exceptions to medical malpractice statute of limitations as well as other time periods that apply to particular cases.

To know your rights and what options are available to you under the law, and how much time you have left to file a medical lawsuit, you must consult a medical lawyer or medical attorney without delay.

Also, in many states, there exist special rules as well as exceptions for medical or doctor malpractice cases. Here are a few examples:

• In many states minors can have the medical malpractice statute of limitations stopped or “tolled” until they have reached the age of majority.
• In many states, the medical malpractice statute of limitations can be tolled for incapacity.
• Usually a provision exists in the statute that does not start the medical malpractice statute of limitations running until the victim knew or “should have known” about the medical or doctor malpractice.
• Sometimes doctor malpractice is difficult to find in a timely manner as in cases where hidden surgical instruments or “foreign objects” are involved. In cases like these, special rules apply for doctor malpractice.

In case of death from medical malpractice, a lot of states have “wrongful death” statutes governing the time limit for filing a medical lawsuit.

Statutes of repose can also place absolute time limits on these exceptions.

Almost all states have these rules and exceptions.

Therefore you should not simply rely on the general rule, but should consult a medical lawyer or medical attorney as regards specific rules and exceptions in your state governing medical or doctor malpractice statutes of limitations.

ALA - 2 years medical malpractice statute of limitations. Ala. Code § 6-5-482.

ARK - 2 years medical malpractice statute of limitations. Ark. Code Ann. § 16-114-203.

CA - California - 1 year medical malpractice statute of limitations. Cal. Civ. Proc. Code § 340.5.

CT - Connecticut - 2 years medical malpractice statute of limitations. Conn. Gen. Stat. Ann. § 52-584.

FL - 2 years medical malpractice statute of limitations. Fla. Stat. Ann. § 95.11(4)(b).

GA -2 year statute of limitations. Ga. Code Ann. § 9-3-71.

ILL -2 years medical malpractice statute of limitations. 735 Ill. Comp. Stat. Ann. § 5/13-212.

IND - 2 years medical malpractice statute of limitations. Code Ann. § 34-18-7-1.

LA - 1 year medical malpractice statute of limitations. La. Rev. Stat. Ann. § 9:5628.

MD - 5 years from the negligence or 3 years from discovery, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109.

MA - Massachusetts - 3 years medical malpractice statute of limitations. Mass. Ann. Laws ch. 260, § 4.

MICH - 2 medical malpractice statute of limitations. Laws Ann. §§ 600.5805(5) and 600.5838a.

MN - 2 years medical malpractice statute of limitations. Ann. § 541.07.

MISSISSIPPI - 2 years medical malpractice statute of limitations. Miss. Code Ann. § 15-1-36.

MO - 2 years medical malpractice statute of limitations. Mo. Ann. Stat. § 516.105.

NH - 2 years. statute for med mal, N.H. Rev. Stat. Ann. § 507-C:4, seems to conflict with the statute of limitations for personal injury of 3 years N.H. Rev. Stat. Ann. § 508:4. You should consult a New Hampshire Medical Attorney to determine the accurate time limit.

NJ - New Jersey - 2 years medical malpractice statute of limitations. N.J. Stat. Ann. § 2A:14-2; N.J. Stat. Ann. § 2A:14-21; N.J. Stat. Ann. § 2A:31-3.

NY - New York - 2 1/2 years medical malpractice statute of limitations. N.Y. C.P.L.R. § 214a.

NC - North Carolina - 3 yrs medical malpractice statute of limitations. N.C. Gen. Stat. §§ 1-15 and 1-52(16)

OH - OHIO - 1 year medical malpractice statute of limitations. Ohio Rev. Code Ann. § 2305.11(B)(1).

PA - Pennsylvania - 2 years medical malpractice statute of limitations. 42 Pa. Cons. Stat. Ann. § 5524.

RI - 3 years medical malpractice statute of limitations. R.I. Gen. Laws §§ 9-1-14.1 and 10-7-2 (1997).

SC - 3 years medical malpractice statute of limitations. S.C. Code Ann. § 15-3-545.

TN - 1 year medical malpractice statute of limitations. Tenn. Code Ann. § 29-26-116.

TX - 2 years medical malpractice statute of limitations. Tex. Rev. Civ. Stat. Ann. art. 4590i, § 10.01.

VA - Virginia - 2 years medical malpractice statute of limitations. Va. Code Ann. § 8.01-243.

W. VA. - 2 years medical malpractice statute of limitations. W. Va. Code § 55-7B-4.

WI - 3 years medical malpractice statute of limitations. Wis. Stat. Ann. § 893.55(1).