State Statute on Limitation - Medical Malpractice

Alabama - §6.5.482. 2 years from date of injury or 6 months from discovery. No suit may be brought 4 years after date of injury. Minors under 4 by age 8 if statute would have otherwise expired by that time.

Arizona - §12-542. 2 years after cause of action, and not afterward for personal injury and wrongful death.

Alaska - §09.10.070. 2 years from discovery of injury.

Arkansas - §16-114-203. 2 years from date of injury. Foreign objects: 1 year from discovery. Minors: before age 9, until age 11.

California - Civil Procedure §340.5. 3 years after injury or 1 year after discovery, whichever is first. No more than 3 years after injury unless caused by fraud, concealment, or foreign object. Minor under age 6: 3 years or before age 8, whichever is longer.

Civil Procedure §364. Physician must have 90 days notice of action to commence.

Colorado - §13-80-102.5. 2 years from date of injury, no more than 3 years from act. Foreign objects: 2 years from discovery. Minors under age 6: before age 8.

Connecticut - §52-584. 2 years from date of injury, but no later than 3 years of the act or omission.

Delaware- §18.6856. 2 years from injury; 3 years from discovery if latent injury. Minor: age 6 or same as adult.

Florida - §95.11. 2 years from injury or discovery, no more than 4 years from injury. Minors: age 8. If fraud, concealment of injury or intentional misrepresentation prevented discovery within 4-year period, 2 year limit from discovery, not to exceed 7 years after the act.

Georgia - §9.3.71-73. 2 years from injury or death; in no event longer than 5 years from act or death. Foreign object: 1 year from discovery. Minors: 2 years from age 5 if action arose before 5^th birthday.

Hawaii - §657.7.3. 2 years from discovery, not to exceed 6 years from act. Minors: age 10 or within 6 years, whichever is longer.

§671.18. Arbitration tolls statute until 60 days after panel's decision is delivered.

Idaho - §5.219. 2 years from injury. Foreign object: 1 year from reasonable discovery or 2 years from injury, whichever is later.

Illinois - §735 5/13-212. 2 years from discovery but not more than 4 years from act. Minors: 8 years after act but not after age 22.

§740 180/2. Wrongful death: 2 years if limitation on personal injury still valid at time of death.

Indiana - §34-18-7-1. 2 years from act, omission, or neglect. Minors: under age 6 until age 8.

Iowa - §614.1. 2 years from reasonable discovery but not more than 6 years from injury unless foreign object. Minors under age 8: until age 10 or same as adults, whichever is later. Mentally ill: extends to 1 year from removal of disability.

Kansas - §60.513. 2 years from act or reasonable discovery, but can be up to 10 years after reasonable discovery.

Kentucky - §413.140. 1 year from act or reasonable discovery, but not more than 5 years after act.

Louisiana - RS §9.5628. 1 year from act or date of discovery, but no later than 3 years from date of injury.

CC §2315.2. Wrongful death: 1 year from death.

Maine - §24.2902. 3 years from cause of action. Minors: 6 years after accrual or within 3 years of minority, whichever is first. Foreign objects: accrue from reasonable discovery.

Maryland - §5-109. 5 years from act or 3 years from discovery.

Massachusetts - §260.4. 3 years from injury and no more than 7 years, unless foreign object discovered.

§231.60D. Minors: before age 6 until age 9, no longer than 7 years from injury.

Michigan - §600.5805. 2 years from injury.

§600.5838a. 6 months from reasonable discovery. No more than 6 years from injury.

§600.5851. Minors under age 8: 6 years or age 10, whichever is later. Reproductive injuries until age 13.

Minnesota - §541.076. 4 years from injury or termination of treatment.

§541.15. Disability extends limitation to 7 years.

Mississippi - §15.1.36. 2 years from act or reasonable discovery, no more than 7 years.

Missouri - §516.105. 2 years from act. Foreign object: 2 years from discovery. Minor under 8: until age 20, or 10 years from 20^th birthday. In no event longer than 10 years from injury.

Montana - §27.2.205. 3 years from injury or discovery, no more than 5 years from act. Minors under age 4: age 11 or death, whichever occurs first.

Nebraska - §25.222. 2 years from act or 1 year from reasonable discovery.

Nevada - Nevada Ballot, 2004 Election. Question 3, Passed. Amends NRS Ch. 41A.097. 4 years from injury or 2 years from reasonable discovery if injury or wrongful death prior to Oct. 1, 2002. If after Oct. 1, 2002, 3 years from injury or 1 year from discovery.

New Hampshire - §507-C:4. 2 years from injury or 2 years from discovery. Minors under age 8: until age 10.

New Jersey - §2A:14-2. 2 years from accrual of claim or discovery. Minor from birth: until age 13.

Mew Mexico - §41.5.13. 3 years from injury.

New york - §214.A. 2 1/2 years from injury, 1 year from discovery.

§208. Minors: statute tolled until disability ceases, not to exceed 10 years.

North Carolina - §1-15.17. 3 years from act or 1 year from reasonable discovery, not more than 4 years after injury. Foreign object: 1 year from discovery but not more than 10 years. Minors: until age 19.

Ohio - §2305.11-13. 1 year from act, no more than 4 years for discovery. Foreign object: 1 year from discovery. Minors: 4 years from act.

Oklahoma - §76-18. 2 years from reasonable discovery.

§12-96. Minors under 12: 7 years. Minors over 12: 1 year after attaining majority but in no event less than 2 years from injury.

Oregon - §12.110. 2 years from injury or reasonable discovery, not more than 5 years from act.

Pennsylvania - §42.5524. 2 years from injury or discovery.

§42.5533. Minor: 2 years after age of majority.

Rhode Island - §9.1.14.1. 3 years from injury, death or reasonable discovery.

§10.7.2. Minors and incompetents: 3 years from removal of disability.

South Carolina - §15-3-545. 3 years from act or omission, or 3 years from discovery.  not to exceed 6 years. Foreign object: 2 years from discovery.

Minors: tolled for up to 7 years while a minor.

South Dakota - §15-2-14.1. 2 years from act or omission.

Tennessee - §29.26.116. 1 year from injury or discovery, no more than 3 years from act unless foreign object.

Texas - §74.151. 2 years from occurrence, no more than 10 years. Minors under 12: until age 14.

Utah - §78.14.4. 2 years from discovery but not more than 4 years from act; foreign object or fraud: 1 year from discovery, applies to all persons regardless of minority or disability

Vermont - §12.521. 3 years from incident or 2 years from discovery, whichever is later. No later than 7 years. Fraud: no statute of limitations. Foreign object: 2 years from discovery.

Virginia - §8.01-243. 2 years from occurrence, no more than 10 years unless under disability. Foreign object: 1 year from discovery. 

Washington - §4.16.350. 3 years from injury or 1 year from discovery, whichever is later. No more than 8 years after act.

West Virginia - §55.7B.4. 2 years from injury or reasonable discovery, no longer than 10 years after injury. Minors under 10: 2 years from injury or age 12, whichever is longer.

Wisconsin - §893.55. 3 years from injury or 1 year from discovery, not more than 5 years from act. Foreign object: 1 year from discovery or 3 years from act, whichever is later. Minors: by age 10 or standard provision, whichever is later.

Wyoming - §1.3.107. 2 years from injury or reasonable discovery. Minors: until age 18 or within 2 years, whichever is later. Legal disability: 1 year from removal.