Medical Malpractice Statute of Limitations by State
The deadline to file a medical malpractice claim ranges from 2 to 3 years depending on the state. Pick your state below — every page shows the exact statute, when the clock starts, and the exceptions that can extend (or shorten) your time. Each deadline links to its official state statute.
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State-by-State Deadlines
| State | Deadline | Official statute (source) |
|---|---|---|
| California | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 74.251 |
Source: official state statutes, linked per row. Coverage expands as each state is verified — see methodology.
Frequently Asked Questions
How long do you have to file a medical malpractice claim?
It depends on the state: 2 to 3 years depending on the state across the 2 states covered so far. Every deadline below links to its official statute.
Which state has the shortest deadline for medical malpractice claims?
Texas — 2 years. Some states carry additional notice requirements that are even shorter, especially for claims against government entities.
Which state allows the most time for medical malpractice claims?
California — 3 years. Exceptions like the discovery rule or tolling for minors can extend deadlines further in some states.
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Legal information, not legal advice. Deadlines have fact-specific exceptions — confirm with the cited statute or a licensed attorney in your state.