Medical Malpractice Statute of Limitations, How Long Do You Have to Sue?

When a patient is harmed by a healthcare provider’s negligence, the law provides a path to seek compensation — but only if a lawsuit is filed within a specific window of time. Miss that window, and even a strong, well-supported claim will almost certainly be dismissed by the court, regardless of its merits. This article explains what the statute of limitations is in medical malpractice cases, how it works, what rules can extend or pause it, and how deadlines vary across every U.S. state.

The medical malpractice statute of limitations is the legal deadline for filing a lawsuit after suffering harm caused by a healthcare provider. While the actual statutes of limitations for these claims vary by state, you will always have at least one year after the injury has taken place. Most states set deadlines between one and three years, though several exceptions — including the discovery rule, tolling for minors, and fraudulent concealment — can extend those deadlines in specific circumstances.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time a person has to begin legal proceedings after the event that gave rise to the claim. In every state, a law called a statute of limitations sets a limit on the amount of time you have to go to court and get a medical malpractice lawsuit started — meaning filing the initial complaint against the doctor or other healthcare provider in the civil court system.

The purpose of these deadlines is practical: over time, evidence deteriorates, memories fade, witnesses become unavailable, and medical records may be harder to obtain. Statutes of limitations push parties to act while evidence is still fresh and reliable. In medical malpractice specifically, these deadlines tend to be shorter than in other types of personal injury cases.

When Does the Clock Start?

Whatever filing deadline the statute of limitations sets in your state, the clock typically starts running on the date on which the alleged malpractice occurred. In straightforward cases — where the harm is obvious and immediately apparent — that date is clear.

The problem is that many medical malpractice injuries are not immediately obvious. A surgical instrument left inside a patient may not cause symptoms for months or years. A misdiagnosis may not be caught until a second opinion reveals the error. A medication’s harmful effects may not manifest until long after the prescription was filled. For these situations, most states apply a modified starting point through what is known as the discovery rule.

What Is the Discovery Rule?

The discovery rule shifts the starting point of the statute of limitations clock from the date the malpractice occurred to the date the patient discovered — or reasonably should have discovered — that they were harmed by negligent care.

In many medical malpractice cases, the injury is not immediately apparent. A surgical instrument may be left inside a patient’s body, a disease may be misdiagnosed, or the harmful effects of a medication may not manifest for years. In these situations, it would be unjust to start the clock at the time of the negligent act — this is where the discovery rule comes into play.

The discovery rule does not give patients unlimited time. It simply moves the starting point. Once a patient knows or should reasonably know that they may have been harmed by negligent care, the clock begins. Waiting too long after that point — even with the discovery rule applying — can still result in a time-barred claim.

What Is a Statute of Repose?

The discovery rule creates flexibility, but it also creates uncertainty about when a claim might be filed. To address this, many states pair the discovery rule with a statute of repose — an absolute outer deadline that applies regardless of when the injury was discovered.

The statute of repose creates an absolute deadline to file a lawsuit, regardless of when the patient discovered the injury. The statute of repose clock begins on the date the malpractice occurred. For example, a statute of repose within a medical malpractice statute might declare that no lawsuit may be filed more than ten years after the healthcare professional’s alleged mistake.

Even if a patient only discovered their injury recently, if the statute of repose has expired, the claim is barred. This is one of the most significant and often overlooked deadlines in malpractice law.

Related article: How Do You Prove Medical Malpractice? The Four Elements Explained

Key Exceptions That Can Extend the Deadline

Beyond the discovery rule, several specific circumstances can pause or extend the statute of limitations clock. These are known as tolling provisions.

Minors. In many states, the medical malpractice statute of limitations for injured minors does not start running until they reach adulthood. A child injured at birth may have until their 18th or 19th birthday — or beyond, depending on state law — before the clock begins. However, some states impose outer limits even for minors, so this protection is not absolute.

Fraudulent concealment. If a healthcare provider actively conceals evidence of negligence or takes steps to hide a mistake, the limitations period is typically paused until the fraud is uncovered. A provider who destroys records, lies to the patient about what happened, or otherwise covers up negligence cannot benefit from the passing of the deadline they helped create.

Foreign objects. In cases where a foreign object — such as a surgical sponge or instrument — is left inside a patient’s body, the statute of limitations generally begins to run only when the object is discovered. Many states treat foreign object cases as a separate category with their own discovery-based starting point.

Mental incapacity. For individuals deemed legally incapacitated due to mental illness or other conditions, certain states stop the clock until the individual is no longer incapacitated.

Continuing treatment rule. In some states, if a patient remains under the continuous care of the same provider for the same condition that gave rise to the malpractice, the clock does not begin until that treatment relationship ends. This prevents the unfair situation where a patient must sue their current treating provider while still receiving care from them.

What Happens If You Miss the Deadline?

Once you reach the time limit, you lose the legal right to file a lawsuit altogether because your claim is time-barred from court. This can prevent injured patients from seeking compensation for any damages incurred due to the negligence of medical professionals.

Missing the statute of limitations is not automatically fatal — the defendant must raise it as a formal legal defense, and a court must agree it applies. But when that defense is raised and upheld, the case ends, regardless of how strong the underlying evidence of negligence might be. Courts apply these deadlines strictly.

Pre-Suit Requirements That Tighten the Effective Deadline

The formal statute of limitations is not always the only deadline to worry about. Many states impose further requirements that must be met before a lawsuit can even be filed, including presenting the claim to a medical review panel, providing the healthcare provider with formal written notice of the claim, and filing an expert affidavit or certificate of merit — a sworn statement from a qualified medical expert attesting to the likely negligence.

These pre-suit steps take time. A patient who waits until close to the statute of limitations deadline may find they do not have enough time left to complete the required preliminary steps before filing. In practice, this means the effective working deadline is often significantly earlier than the formal legal cutoff.

Medical Malpractice Filing Deadlines: State-by-State Overview

The table below provides a general overview of base filing deadlines across all 50 states. These figures reflect standard timeframes and do not capture every exception, tolling provision, or recent legislative change. Laws change, and state-specific rules always govern. Verify current law before relying on any deadline.

Recent Changes You Need to Know About

Several states made significant changes to their malpractice filing deadlines in 2024 and 2025. Louisiana extended its medical malpractice statute from 1 to 2 years through Act 423, effective July 1, 2024. Utah enacted HB 288, effective May 7, 2025, extending the statute from 2 to 4 years after discovery and the repose period to 8 years. Missouri reduced its filing deadline from 5 to 2 years through HB 68, effective August 28, 2025. Minnesota reduced the term from 4 to 2 years via SF 3489, effective August 1, 2025.

These changes are significant. A patient who believed they had five years to file in Missouri now faces a two-year deadline. Checking current state law — not relying on outdated sources — is essential.

Does the Deadline Differ for Government Hospitals?

Yes — and this is one of the most overlooked procedural traps in malpractice law. When a malpractice claim is brought against a government-owned hospital or a federally funded community health center, different rules apply. Federal claims against government healthcare providers are governed by the Federal Tort Claims Act (FTCA), which requires a formal administrative claim to be filed within two years of the injury before any lawsuit can proceed. State claims against government hospitals may require formal notice within an even shorter window — sometimes as little as 60 to 180 days.

These notice requirements are separate from and in addition to the standard statute of limitations. Missing them can bar the claim entirely.

Are Wrongful Death Deadlines the Same?

Not always. When a patient dies as a result of malpractice, the family may have grounds for a wrongful death claim — but the deadline for that claim is often different from the standard malpractice statute of limitations. Many states apply separate wrongful death statutes that run from the date of death rather than the injury or discovery date. In some states, the wrongful death deadline is shorter than the malpractice deadline, which can catch families off guard when they are still dealing with grief and medical bills.

Frequently Asked Questions

How long do you have to file a medical malpractice lawsuit? 

The deadline varies by state, but most states allow one to three years. The clock typically starts on the date the malpractice occurred or, under the discovery rule, the date the patient discovered or should have discovered the harm. Recent changes in 2025 have shifted deadlines in multiple states, so always verify current law.

What is the discovery rule in medical malpractice? 

The discovery rule moves the starting point of the statute of limitations from the date malpractice occurred to the date the patient knew or reasonably should have known they were harmed by negligent care. It applies most commonly in cases involving misdiagnosis, foreign objects, or delayed-onset harm.

What is a statute of repose and how is it different from a statute of limitations? 

A statute of limitations runs from the date of injury or discovery and can be extended by exceptions. A statute of repose is an absolute outer deadline — typically 4 to 10 years from the date of the malpractice — that applies regardless of when the patient discovered the harm. Even if the discovery rule would otherwise allow more time, the statute of repose cuts off the claim.

Does the statute of limitations pause for children injured by malpractice? 

In most states, yes. The statute of limitations for minors is typically tolled — paused — until the child reaches adulthood. However, many states impose outer limits even for minors, and some have specific rules based on the child’s age at the time of the injury. The rules vary significantly by state.

What happens if you miss the statute of limitations deadline? 

If the deadline passes and no lawsuit has been filed, the court will almost certainly dismiss the claim. The defendant raises the statute of limitations as a formal defense, and if the court agrees it applies, the case ends regardless of how strong the evidence is. There are limited exceptions, but courts apply these deadlines strictly.

Can a provider’s cover-up extend the filing deadline? 

Yes. If a healthcare provider actively conceals evidence of negligence — destroying records, misleading the patient about what happened, or otherwise hiding a mistake — most states pause the statute of limitations until the fraud or concealment is discovered. Providers cannot benefit from deadlines they helped create through deception.

Which state has the shortest medical malpractice filing deadline? 

Kentucky, Ohio, and Tennessee currently have one-year deadlines, making them among the strictest in the country. Patients in these states must act quickly after discovering potential malpractice.

Which state has the longest medical malpractice filing deadline? 

Maryland allows up to five years from the date of injury, making it one of the most permissive. Utah recently extended to four years from discovery after a 2025 law change. Maryland also allows three years from the date of discovery, whichever is shorter overall.

Do pre-suit requirements affect the effective filing deadline? 

Yes — significantly. States that require pre-suit notice, expert affidavits, or review panel presentations add steps that take time. A patient who waits until close to the formal deadline may not have enough time to complete these steps before filing, effectively meaning the real working deadline is earlier than the law states.

Are wrongful death deadlines the same as malpractice deadlines? 

Not necessarily. Many states apply separate wrongful death statutes with their own deadlines, which typically run from the date of death rather than the date of the injury or discovery. In some states, the wrongful death deadline is shorter than the standard malpractice deadline. Always verify both deadlines when a patient death is involved.

Last Updated: February 2026

This article is for informational purposes only and does not constitute legal advice. Laws and legal procedures vary by jurisdiction and may change over time. For advice regarding a specific situation, consult a qualified attorney or the appropriate authority.

About the Author

Sarah Klein, JD, is a former civil litigation attorney with over a decade of experience in contract disputes, small claims, and neighbor conflicts. At All About Lawyer, she writes clear, practical guides to help people understand their civil legal rights and confidently handle everyday legal issues.
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