Civil statute of limitations · by claim

How long do you have to sue for medical malpractice?

A doctor, hospital, or other provider injured you through substandard care.

A statute of limitations is a hard filing deadline — file one day late and a court will almost always throw the case out permanently. For medical malpractice, the general deadline ranges from 1 year to 5 years across the 51 states (median 2). Which one is yours depends on your state — and your real deadline can be shorter still.

If you think you have a claim, treat the clock as already running. The number below is the general statute for your state. Your deadline can be shorter or longer because of the discovery rule (the clock may start when you discovered the harm), tolling (pauses for minors, disability, or a defendant who left the state), a repose outer limit, claims against a government (notice often due in months), and the exact sub-type of your claim. Don't compute your own deadline from this — if you're anywhere close, contact a lawyer or free legal aid today.

Shortest-deadline states (1 year): California, Kentucky, Louisiana, Ohio, Tennessee. If your claim arose in one of these, your time is especially short.

Medical malpractice filing deadline, by state

shortest first · longer ≠ more time for you

3 years (1 yr after discovery)

1 year (5-year repose)

1 year (3-year repose)

2 years (6 mo. after discovery)

2 years (5-year repose)

2 years (6-year repose)

2 years (6-year repose)

2 years (4-year repose)

2 years (4-year repose)

2 years (or 6 months from discovery); max 6 years

2 years; max 7 years (repose)

2 years (or 1 from discovery); max 10 years

2 years from discovery

District of Columbia

3 years; max 7 years (repose)

3 years (within 5 from injury)

3 years (with discovery)

3 years (or 2 from discovery); whichever first

3 years (max 6 from occurrence)

3 years (or 2 from discovery)

3 years (or 1 from discovery)

3 years (or 1 from discovery)

5 years from injury or 3 years from discovery

Bar length is the years the statute allows; color flags how little time that is. disc. = a discovery rule may start the clock when you discover the harm. repose = an outer limit that can bar a claim even before discovery. Tap a state for its full deadline table + statute citation.

What to do today

Find your state above and the date you were harmed (or the day you discovered it).
If you're anywhere near the deadline, treat today as your deadline, not the statutory date — the real one may be earlier.
Contact an attorney or free legal aid now. Even if it looks past, the discovery rule or tolling may still help — don't decide that yourself; ask someone licensed.

RECORDED — each state's statutory period and citation are the published statute (verify at the linked statute URL on the state page). L5 / NOT ADVICE — whether this statute applies to your claim, and when your clock started, is fact-specific legal judgment. This page informs and routes; it is not legal advice and is not your personal deadline.

Source: CaseFleet Civil Statute-of-Limitations Reference (2026). Machine-readable: JSON-LD · Markdown. Your state's full table: all states.