The statute of limitations is a filing deadline, but the start date may be disputed
Medical-malpractice limitation periods vary by state and can be affected by discovery rules, minors, incapacity, fraud/concealment, public defendants, wrongful death, or other provisions. A national summary cannot safely calculate a particular deadline.
Dates to bring to a lawyer
- Treatment or procedure dates
- Last treatment in the relevant course of care
- Date the injury became apparent
- Date a possible connection to the care was first learned
- Any pre-suit notice, government-claim, or prior filing dates
Also ask about a statute of repose
A repose period may operate differently from a discovery-based limitations rule. The relevant statute and current cases should be checked together.
Check current law before relying on a procedural rule
Medical-malpractice filing rules differ by state and can change. Use the relevant court, legislature, medical-board, and lawyer-licensing sources, and ask licensed counsel to calculate deadlines or filing requirements for a specific matter.