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Medical Malpractice Deadlines & Damage Caps by State

Every state sets its own filing clock, discovery rule, and cap on damages. Compare all 50 states to understand the deadlines that apply to a case.

Medical malpractice laws vary significantly by state. The statute of limitations — your deadline to file — can be as short as one year or as long as five. Damage caps range from zero in some states to strict limits in others. And exceptions for minors, fraud, and foreign objects differ in every jurisdiction.

Select your state below for a complete breakdown: statute of limitations, discovery rule, damage caps, filing exceptions, and notable recent verdicts.

No damage cap
Damage cap applies
Alabama AL
None2 years from act
 Alaska AK
$250,0002 years from discovery
 Arizona AZ
None2 years from injury or discovery
 Arkansas AR
None2 years from wrongful act
 California CA
$430,0001 year from discovery
 Colorado CO
$1,000,0002 years from discovery
 Connecticut CT
None2 years from discovery
 Delaware DE
None2 years from injury
 Florida FL
None2 years from discovery
 Georgia GA
None2 years from injury/death
 Hawaii HI
$375,0002 years from discovery
 Idaho ID
~$500,0002 years from act/omission
 Illinois IL
None2 years from discovery
 Indiana IN
$1,800,0002 years from act (occurrence)
 Iowa IA
$1,000,0002 years from discovery
 Kansas KS
$350,0002 years from injury
 Kentucky KY
None1 year from discovery
 Louisiana LA
$500,0001 year from act/discovery
 Maine ME
None3 years from act/omission
 Maryland MD
~$935,0005 years from injury or 3 from discovery
 Massachusetts MA
$500,0003 years from discovery
 Michigan MI
~$569,0002 years from act or 6 months from discovery
 Minnesota MN
None4 years from act
 Mississippi MS
$500,0002 years from discovery
 Missouri MO
~$500,0002 years from act
 Montana MT
$250,0003 years from discovery
 Nebraska NE
$2,250,0002 years from act or 1 from discovery
 Nevada NV
$430,0002 years from discovery
 New Hampshire NH
None3 years from act or discovery
 New Jersey NJ
None2 years from discovery
 New Mexico NM
$750,0003 years from act
 New York NY
None2.5 years from act or end of treatment
 North Carolina NC
~$680,0003 years from act
 North Dakota ND
$500,0002 years from discovery
 Ohio OH
$250,0001 year from discovery/end of relationship
 Oklahoma OK
None2 years from discovery
 Oregon OR
None2 years from discovery
 Pennsylvania PA
None2 years from discovery
 Rhode Island RI
None3 years from act or discovery
 South Carolina SC
~$600,0003 years from discovery
 South Dakota SD
$500,0002 years from act (occurrence)
 Tennessee TN
$750,0001 year from discovery
 Texas TX
$250,0002 years from act/end of treatment
 Utah UT
~$500,0002 years from discovery
 Vermont VT
None3 years from act or 2 from discovery
 Virginia VA
~$2,750,0002 years from injury
 Washington WA
None3 years from act or 1 from discovery
 West Virginia WV
~$250,0002 years from injury/discovery
 Wisconsin WI
$750,0003 years from injury or 1 from discovery
 Wyoming WY
None2 years from act or discovery

Additional research notes are published as new court decisions are issued.

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