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How Long is The Statute of Limitations for Medical Malpractice

Statutes of limitations vary according to state (see chart below) with the typical range being anywhere from 6 months to 4 years from the initial time of the injury. However, it should be noted that individual states often provide exceptions to these stipulations which can be dependent upon the injured party’s age or disability.

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Additional provisions are often made concerning the discovery rule which allows for the statute of limitations to begin at the time a patient discovers their injuries in lieu of when the injury first occurred.

Filing a Malpractice Claim

There are distinct differences between filing a medical malpractice claim and actually obtaining a favorable civil award against a medical professional. Proof in the form of evidence and expert testimony is usually required in order to take legal action, and these types of claims can sometimes be difficult to prove.

Those who feel they have sustained injuries resulting from medical malpractice or negligence are encouraged to seek the assistance of an attorney experienced and knowledgeable regarding these types of claims. Such a legal professional can assist their clients in obtaining all the necessary evidence and paperwork, as well as filing the claim accurately and in a timely manner.

Contact us if you feel you or a loved one has a medical malpractice claim.

Settlements and Awards

It is not unlikely, due to the costs related to court fees and time invested, that lawyers representing both sides of the claim decide to settle the claim outside of court. Typically in regards to malpractice claims there are two types of awards or damages a plaintiff can receive. The first is considered direct compensation for medical bills, other related expenses, and lost wages.

The second is referred to as punitive damages, which account for non-economic losses such as pain and suffering or grossly negligent behavior on the part of the medical professional.

Cases of medical malpractice generally include an incorrect diagnosis, the neglect associated with recognizing symptoms related to serious health issues, or delivering a late diagnosis. Those patients who typically file successful claims are those in which they have suffered serious, sometimes fatal consequences resulting from these actions.

Malpractice Statute of Limitation Times – State by State

From Initial Time of Injury

State Time Period
 Alabama  2 – 4 Years
 Alaska  2 Years
 Arizona  2 Years
 Arkansas  3 Years
 California  1 or 3 Years
 Colorado  2 Years
 Connecticut  2 or 3 Years
 DC  3 Years
 Deleware  2 Years
 Florida  2 or 4 Years
 Georgia  2 Years
 Hawaii  2 or 6 Years
 Idaho  2 Years
 Illinois  2 Years
 Indiana  2 Years
 Iowa  2 Years
 Kansas  2 Years
 Kentucky  1 Year
 Louisiana  1 Year
 Maine  3 Years
 Maryland  3 or 5 Years
 Massachusetts  3 Years
 Michigan  2 Years
 Minnesota  4 Years
 Mississippi  2 or 7 Years
 Missouri  2 or 10 Years
 Montana  3 Years
 Nebraska  2 Years
 Nevada  2 or 4 Years
 New Hampshire  3 Years
 New Jersey  2 Years
 New Mexico  3 Years
 New York  2.5 Years
 North Carolina  3 – 10 Years
 North Dakota  2 Years
 Ohio  1 or 4 Years
 Oklahoma  2 Years
 Oregon  2 Years
 Pennsylvania  2 Years
 Rhode Island  3 Years
 South Carolina  3 Years
 South Dakota  2 Years
 Tennessee  1 Year
 Texas  2 Years
 Utah  2 Years
 Vermont  3 Years
 Virginia  2 – 10 Years
 Washington  3 Years
 West Virginia  2 Years
 Wisconsin  3 Years
 Wyoming  2 Years