§PlainStatute

Medical Malpractice · Statute of Limitations

How Long You Have to Sue a Doctor or Hospital, by State

The medical-malpractice statute of limitations, how long you have to sue a doctor or hospital after negligent care, for each state. Plus when the clock starts, the discovery rule, the statute of repose, and the shorter notice deadlines for public hospitals. Each cited to the statute.

6 of 50 states published. 3 verified against the official statute; the rest drafted from corroborating sources while the official portal is confirmed.Malpractice deadlines are their own clock, not the general injury one: discovery rules, a statute of repose, and public-hospital notice periods all change your real deadline.

Read this first: malpractice is its own clock

The statute of limitations is the legal deadline to file suit. Miss it and the court can throw the case out no matter how strong it is. Malpractice runs on a different clock from an ordinary injury: the base period is two years in Texas, Florida, Pennsylvania, and Illinois, two and a half years in New York, and in California the shorter of one year from discovery or three years from the injury. Do not reuse the general personal-injury figure for a malpractice claim.

Three things move the real deadline. First, when the clock starts: some states run it from discovery, others strictly from the negligent act or the end of treatment. Second, a statute of repose, an absolute outer wall, applies in several states (four years in Florida and Illinois, ten in Texas), while Pennsylvania’s was struck down in 2019. Third, who you are suing: a public hospital almost always carries a much shorter notice deadline, often a matter of months. Every figure here links to the official statute, and pages still pending verification say so.

Pick your state

The years to sue, the discovery rule, and the public-hospital deadline on each card.

C

CA
California
1 or 3 years
To sue
Discovery ruleYes
Public hospital6-month claim first
Statute§340.5

F

FL
Florida
2 years
To sue
Discovery ruleYes
Public hospitalPre-suit notice first
Statute§95.11(5)(c)

I

IL
IllinoisDraft
2 years
To sue
Discovery ruleYes
Public hospital1-year limit
Statute735 ILCS 5/13-212

N

NY
New York
2.5 years
To sue
Discovery ruleYes
Public hospital90-day notice of claim
Statute§214-a

P

PA
PennsylvaniaDraft
2 years
To sue
Discovery ruleYes
Public hospital6-month notice
Statute§5524(2)

T

TX
TexasDraft
2 years
To sue
Discovery ruleNo
Public hospital6-month notice
Statute§74.251

What these pages are, and what they aren't

Each state page is a reference for the malpractice limitations period and the neutral steps you can take after negligent care. They are deliberately not advice for your specific case: exceptions for minors, public hospitals, foreign objects, and continuous treatment can all change the answer, so each page links to the statute and a way to reach a licensed attorney. This is legal information, not legal advice.