Medical Malpractice Statute of Limitations Calculator 2026
⚠️ CRITICAL: TIME-SENSITIVE - CONTACT ATTORNEY IMMEDIATELY
Medical malpractice lawsuits have strict filing deadlines that vary by state—typically 1-4 years from injury date. Missing the statute of limitations deadline eliminates your legal right to recover compensation permanently. If you suffered medical malpractice, contact a qualified attorney IMMEDIATELY—do not wait.
This calculator provides general information only and is not legal advice. Consult a licensed medical malpractice attorney in your jurisdiction for accurate deadline information specific to your case.
Medical malpractice statute of limitations ranges from 1-4 years depending on your state. Most states allow 2-3 years to file lawsuits. The discovery rule may extend deadlines if your injury wasn't immediately apparent. For minors, deadlines often extend until age 18-21 plus additional years.
Use this calculator to determine your filing deadline. Then contact an attorney IMMEDIATELY—do not wait until the deadline approaches.
📋 Table of Contents
1. Statute of Limitations Overview
The statute of limitations is the legal deadline to file a lawsuit. For medical malpractice: (1) Standard deadline - 1-4 years from injury date depending on state, (2) Discovery rule - may extend deadline if injury wasn't discovered immediately, (3) Minor tolling - extends deadline for minors until age 18-21 plus additional years, (4) Missing deadline - eliminates all claims permanently with no exceptions.
| Deadline Category | Number of States | Typical Deadline |
|---|---|---|
| Very Short (1 year) | 3 states | Louisiana, others |
| Short (2 years) | 18 states | Most common deadline |
| Standard (3 years) | 20 states | Multi-state standard |
| Long (4+ years) | 9 states | More time available |
2. Medical Malpractice Statute of Limitations Calculator
Enter your case details to calculate your filing deadline. The calculator accounts for state law, injury date, discovery date, and minor status.
📅 Your Filing Deadline
⏰ Countdown Timer
- Discovery rule applies if injury wasn't discovered at time of incident
- Minor tolling extends deadline until age 18-21, then adds additional years
- Contact attorney 6 months BEFORE deadline—do not wait until last minute
- Some states have additional discovery rule exceptions—verify with attorney
- This is an estimate only—actual deadline depends on your state's specific laws
3. State Statute of Limitations Deadlines
| State | Deadline (Years) | Discovery Rule? | Minor Tolling? |
|---|---|---|---|
| Louisiana | 1 | No | Limited |
| Kentucky, Ohio, Tennessee | 1 | Yes | Yes (age 18+2) |
| Most States | 2-3 | Yes (most) | Yes (age 18-21+years) |
| Minnesota, Utah, Wyoming | 4+ | Yes | Yes (extended) |
4. Discovery Rule: Extending Your Deadline
The discovery rule extends your statute of limitations deadline when your injury wasn't discovered immediately. Instead of starting from the injury date, the clock starts from when you discovered (or reasonably should have discovered) the injury.
Example:
A surgeon nicks an artery during surgery on January 1, 2024. The patient doesn't discover the injury until June 1, 2024 when complications develop. In a state with 2-year discovery rule, the deadline is June 1, 2026, not January 1, 2026.
Discovery Rule Applies When:
- Injury wasn't apparent at time of malpractice
- Latent injuries discovered months or years later
- Complications developed gradually over time
- Patient relied on doctor's assurances that nothing was wrong
5. Minor Tolling: Extended Deadlines for Children
When a minor (child) is injured by medical malpractice, statute of limitations deadlines are tolled (paused). This gives families extra time to file claims. Typical minor tolling rules:
- Age 18 + 2 years: Child reaches age 18, then has 2 additional years (20 by deadline)
- Age 21 + 2 years: Some states wait until age 21 (23 by deadline)
- Standard deadline whichever is longer: Either standard state deadline or minor age+years rule
- Parents can file immediately: While child is minor, parents can file on child's behalf
Example:
Child born with Erb's palsy due to delivery negligence on January 1, 2010. In 2-year state with age 18+2 tolling: Deadline is January 1, 2030 (age 20). Even though 2-year deadline expired at age 2, minor tolling extends it.
⬆️ Back to Menu6. Frequently Asked Questions
❓ What happens if I miss the statute of limitations deadline?
Your lawsuit is permanently barred. You lose the legal right to file and recover compensation. Courts strictly enforce statute of limitations deadlines—missing by one day eliminates your case.
❓ Can the statute of limitations be extended?
In limited circumstances yes. Discovery rule extends deadline if injury wasn't discovered immediately. Minor tolling extends deadline for children. Consult attorney about extensions in your state.
❓ Do I need to file a lawsuit before deadline or just contact attorney?
A formal lawsuit must be FILED before deadline with the court. Simply contacting an attorney is not enough. Attorney must file official paperwork before deadline expires.
❓ How do I know if discovery rule applies to my case?
If your injury wasn't apparent at time of malpractice, discovery rule may apply. Discuss with attorney—even if you think standard deadline passed, discovery rule may save your case.
❓ Can I contact an attorney after deadline if discovery rule might apply?
Contact an attorney IMMEDIATELY. Even if standard deadline appears to have passed, discovery rule may protect your case. Do not assume you're too late—let attorney make that determination.
Authoritative Sources on Medical Malpractice Statute of Limitations
- Nolo.com - State statute of limitations laws
- American Medical Association (AMA) - Medical standards
- American Bar Association (ABA) - Legal resources by state
- National Conference of State Legislatures - State laws
- U.S. Department of Justice - Federal legal resources
