How long do I have to sue for medical malpractice in the US?
It varies by state, but most impose a 2-year statute of limitations from the date the injury was, or should have been, discovered. Some states are shorter (California: 1 year from discovery). Nearly all also have a statute of repose — an absolute outer deadline — that can bar a claim even before it was discovered.
What is a statute of repose?
A statute of repose is an absolute deadline measured from the date of the negligent act (for example, 3 to 10 years), regardless of when the harm was discovered. Unlike a statute of limitations, it can bar a claim before the plaintiff even knows they were injured, with narrow exceptions for fraud or foreign objects.
What is the discovery rule?
The discovery rule delays the start of the limitations clock until the patient discovers, or reasonably should discover, both the injury and its connection to the malpractice. It protects patients whose harm (like a retained sponge or a slow-growing cancer) is not immediately apparent, subject to the statute of repose.
Do minors get more time to file?
Usually. Most states toll (pause) the statute of limitations for minors until they reach 18, though the specific rules and any interaction with the statute of repose vary widely by state. Some states cap how long the tolling can extend the deadline. Act early regardless.