STATE

STATUTE

WRITTEN CONTRACT

ORAL CONTRACT

INJURY

PROPERTY DAMAGE

MEDICAL MALPRACTICE

ALABAMA

Ala. Code § 6-2-2 et seq. *

6

6

2

6

§6.5.482. 2 years from date of injury or 6 months from discovery. No suit may be brought 4 years after date of injury. Minors under 4 by age 8 if statute would have otherwise expired by that time.

ALASKA

Alaska Stat. § 09.10.010 et seq.

3

3

2

6 (real property); 2 (personal property)

§09.10.070. 2 years from discovery of injury.

ARIZONA

Ariz. Rev. Stat. Ann. § 12-541 et seq.

6

3

2

2

§12-542. 2 years after cause of action, and not afterward for personal injury and wrongful death.

ARKANSAS

Ark. Code Ann. § 16-56-101 et seq.

5

3

3

3

§16-114-203. 2 years from date of injury. Foreign objects: 1 year from discovery. Minors: before age 9, until age 11.

CALIFORNIA

Cal. Civ. Proc. Code § 312 et seq.

4

2

2

3

Civil Procedure §340.5. 3 years after injury or 1 year after discovery, whichever is first. No more than 3 years after injury unless caused by fraud, concealment, or foreign object. Minor under age 6: 3 years or before age 8, whichever is longer.

COLORADO

Colo. Rev. Stat. § 13-80-102 et seq.

6

6

2

2

§13-80-102.5. 2 years from date of injury, no more than 3 years from act. Foreign objects: 2 years from discovery. Minors under age 6: before age 8.

CONNECTICUT

Conn. Gen. Stat. Ann. § 52-575 et seq.

6

3

3

2

§52-584. 2 years from date of injury, but no later than 3 years of the act or omission.

DELAWARE

Del. Code Ann. tit. 10, § 8101 et seq.

3

3

3

2

§18.6856. 2 years from injury; 3 years from discovery if latent injury. Minor: age 6 or same as adult.

DISTRICT OF COLUMBIA

D.C. Code § 12-301 et seq.

3

3

3

3

The statute of limitations that applies to medical malpractice actions in the District of Columbia is the three-year statute contained in D.C. Code Ann. § 12-301 (1995). The statute is measured from the time plaintiff knows or with the exercise of due diligence should know of the injury

FLORIDA

Fla. Stat. Ann. § 95.011 et seq.

5

4

4

4

§95.11. 2 years from injury or discovery, no more than 4 years from injury. Minors: age 8. If fraud, concealment of injury or intentional misrepresentation prevented discovery within 4-year period, 2 year limit from discovery, not to exceed 7 years after the act.

GEORGIA

Ga. Code Ann. § 9-3-20 et seq.

6

4

2

4

§9.3.71-73. 2 years from injury or death; in no event longer than 5 years from act or death. Foreign object: 1 year from discovery. Minors: 2 years from age 5 if action arose before 5^th birthday.

HAWAII

Haw. Rev. Stat. § 657-1 et seq.

6

6

2

2

§657.7.3. 2 years from discovery, not to exceed 6 years from act. Minors: age 10 or within 6 years, whichever is longer

IDAHO

Idaho Code § 5-201 et seq.

5

4

2

3

§5.219. 2 years from injury. Foreign object: 1 year from reasonable discovery or 2 years from injury, whichever is later.

ILLINOIS

735 Ill. Comp. Stat. 5/13-201 et seq.

10

5

2

5

§735 5/13-212. 2 years from discovery but not more than 4 years from act. Minors: 8 years after act but not after age 22.

INDIANA

Ind. Code Ann. § 34-11-2-1 et seq.

10

6

2

6 (real property); 2 (personal property)

§34-18-7-1. 2 years from act, omission, or neglect. Minors: under age 6 until age 8.

IOWA

Iowa Code Ann. § 614.1 et seq.

10

5

2

5

§614.1. 2 years from reasonable discovery but not more than 6 years from injury unless foreign object. Minors under age 8: until age 10 or same as adults, whichever is later. Mentally ill: extends to 1 year from removal of disability.

KANSAS

Kan. Stat. Ann. § 60-501 et seq.

5

3

2

2

§60.513. 2 years from act or reasonable discovery, but can be up to 10 years after reasonable discovery.

KENTUCKY

Ky. Rev. Stat. Ann. § 413.080 et seq.

15

5

1

5 (real property); 2 (personal property)

§413.140. 1 year from act or reasonable discovery, but not more than 5 years after act.

LOUISIANA

La. Civil Code § 3492 et seq.

10

10

1

1

RS §9.5628. 1 year from act or date of discovery, but no later than 3 years from date of injury.

MAINE

Me. Rev. Stat. Ann. tit. 14, § 751 et seq.

6

6

6

6

§24.2902. 3 years from cause of action. Minors: 6 years after accrual or within 3 years of minority, whichever is first. Foreign objects: accrue from reasonable discovery.

MARYLAND

Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq.

3

3

3

3

§5-109. 5 years from act or 3 years from discovery.

MASSACHUSETTS

Mass. Ann. Laws ch. 260, § 1 et seq.

6

6

3

3

§260.4. 3 years from injury and no more than 7 years, unless foreign object discovered. §231.60D. Minors: before age 6 until age 9, no longer than 7 years from injury.

MICHIGAN

Mich. Comp. Laws § 600.5801 et seq.

6

6

3

3

§600.5805. 2 years from injury. §600.5838a. 6 months from reasonable discovery. No more than 6 years from injury §600.5851. Minors under age 8: 6 years or age 10, whichever is later. Reproductive injuries until age 13.

MINNESOTA

Minn. Stat. Ann. § 541.01 et seq.

6

6

6

6

§541.076. 4 years from injury or termination of treatment

MISSISSIPPI

Miss. Code. Ann. § 15-1-1 et seq.

6

3

3

3

§15.1.36. 2 years from act or reasonable discovery, no more than 7 years.

MISSOURI

Mo. Rev. Stat. § 516.097 et seq.

5

5

5

5

§516.105. 2 years from act. Foreign object: 2 years from discovery. Minor under 8: until age 20, or 10 years from 20^th birthday. In no event longer than 10 years from injury.

MONTANA

Mont. Code Ann. § 27-2-2021 et seq.

8

5

3

2

§27.2.205. 3 years from injury or discovery, no more than 5 years from act. Minors under age 4: age 11 or death, whichever occurs first.

NEBRASKA

Neb. Rev. Stat. § 25-201 et seq.

5

4

4

4

§25.222. 2 years from act or 1 year from reasonable discovery.

NEVADA

Nev. Rev. Stat. Ann. § 11.010 et seq.

6

4

2

3

Nevada Ballot, 2004 Election. Question 3, Passed. Amends NRS Ch. 41A.097. 4 years from injury or 2 years from reasonable discovery if injury or wrongful death prior to Oct. 1, 2002. If after Oct. 1, 2002, 3 years from injury or 1 year from discovery.

NEW HAMPSHIRE

N.H. Rev. Stat. Ann. § 508:1 et seq.

3

3

3

3

§507-C:4. 2 years from injury or 2 years from discovery. Minors under age 8: until age 10.

NEW JERSEY

N.J. Stat. Ann. § 2a:14-1 et seq.

6

6

2

6

§2A:14-2. 2 years from accrual of claim or discovery. Minor from birth: until age 13.

NEW MEXICO

N.M. Stat. Ann. § 37-1-1 et seq.

6

4

3

4

§41.5.13. 3 years from injury.

NEW YORK

N.Y. Civ. Prac. Laws & Rules § 201 et seq.

6

6

3

3

§214.A. 2 1/2 years from injury, 1 year from discovery.

NORTH CAROLINA

N.C. Gen. Stat. § 1-46 et seq.

3

3

3

3

§1-15.17. 3 years from act or 1 year from reasonable discovery, not more than 4 years after injury. Foreign object: 1 year from discovery but not more than 10 years. Minors: until age 19.

NORTH DAKOTA

N.D. Cent. Code § 28-01-01 et seq.

6

6

6

6

6 years (2 in wrongful death) N.D. Cent. Code Sec. 28-01-16, 28-01-18

OHIO

Ohio Rev. Code Ann. § 2305.03 et seq.

15

6

2

4

§2305.11-13. 1 year from act, no more than 4 years for discovery. Foreign object: 1 year from discovery. Minors: 4 years from act.

OKLAHOMA

Okla. Stat. Ann. tit. 12, § 91 et seq.

5

3

2

2

§76-18. 2 years from reasonable discovery.

§12-96. Minors under 12: 7 years. Minors over 12: 1 year after attaining majority but in no event less than 2 years from injury.

OREGON

Or. Rev. Stat. § 12.010 et seq.

6

6

10

6

§12.110. 2 years from injury or reasonable discovery, not more than 5 years from act.

PENNSYLVANIA

42 Pa. Cons. Stat. Ann. § 5501 et seq.

4

4

2

2

§42.5524. 2 years from injury or discovery.

§42.5533. Minor: 2 yearsafter age of majority.

RHODE ISLAND

R. I. Gen. Laws § 9-1-12 et seq.

10

10

3

10

§9.1.14.1. 3 years from injury, death or reasonable discovery.

§10.7.2. Minors and incompetents: 3 years from removal of disability.

SOUTH CAROLINA

S.C. Code Ann. § 15-3-510 et seq.

3

3

3

3

§15-3-545. 3 years from act or omission, or 3 years from discovery. not to exceed 6 years. Foreign object: 2 years from discovery. Minors: tolled for up to 7 years while a minor.

SOUTH DAKOTA

S.D. Codified Laws Ann. § 15-2-1 et seq.

6

6

3

6

§15-2-14.1. 2 years from act or omission.

TENNESSEE

Tenn. Code Ann. § 28-3-101 et seq.

6

6

1

3

§29.26.116. 1 year from injury or discovery, no more than 3 years from act unless foreign object.

TEXAS

Tex. Civ. Prac. & Rem. Code § 16.001 et seq.

4

4

2

2

§74.151. 2 years from occurrence, no more than 10 years. Minors under 12: until age 14.

UTAH

Utah Code Ann. § 78-12-22 et seq.

6

4

4

3

§78.14.4. 2 years from discovery but not more than 4 years from act; foreign object or fraud: 1 year from discovery, applies to all persons regardless of minority or disability

VERMONT

Vt. Stat. Ann. tit. 12, § 461 et seq.

6

6

3

3

§12.521. 3 years from incident or 2 years from discovery, whichever is later. No later than 7 years. Fraud: no statute of limitations. Foreign object: 2 years from discovery.

VIRGINIA

Va. Code Ann. § 8.01-228 et seq.

5

3

2

5

§8.01-243. 2 years from occurrence, no more than 10 years unless under disability. Foreign object:1 year from discovery.

WASHINGTON

Wash. Rev. Code Ann. § 4.16.005 et seq.

6

3

3

3

§4.16.350. 3 years from injury or 1 year from discovery, whichever is later. No more than 8 years after act.

WEST VIRGINIA

W. Va. Code § 55-2-1 et seq.

10

5

2

2

§55.7B.4. 2 years from injury or reasonable discovery, no longer than 10 years after injury. Minors under 10: 2 years from injury or age 12, whichever is longer.

WISCONSIN

Wis. Stat. Ann. § 893.01 et seq.

6

6

3

6

§893.55. 3 years from injury or 1 year from discovery, not more than 5 years from act. Foreign object: 1 year from discovery or 3 years from act, whichever is later. Minors: by age 10 or standard provision, whichever is later.

WYOMING

Wyo. Stat. § 1-3-102 et seq.

10

8

4

4

§1.3.107. 2 years from injury or reasonable discovery. Minors: until age 18 or within 2 years, whichever is later. Legal disability: 1 year from removal.