What is the statute of limitations for professional malpractice?

What is the statute of limitations for professional malpractice?

• A. Three years from termination of services on the matter
• B. Three years from date of injury
• C. Six years from payment of judgment
• D. One year from discovery

Answer: (A)

The main idea here is when a professional malpractice claim must be filed—the starting point for the statute of limitations. In many jurisdictions, the clock begins when the professional engagement ends, because that is when the provider’s services on the matter are complete and you can properly assess whether the standard of care was met and what damages resulted. Under this rule, you have three years to sue from the termination of the services on that matter. This differs from starting the period at the date of injury, which is common for some torts, or from discovery, which applies in jurisdictions that use a discovery rule for professional malpractice. It’s also not tied to paying a judgment. So three years from when the professional’s services on the matter are terminated best fits the typical framework for when a malpractice claim accrues in this context.

The main idea here is when a professional malpractice claim must be filed—the starting point for the statute of limitations. In many jurisdictions, the clock begins when the professional engagement ends, because that is when the provider’s services on the matter are complete and you can properly assess whether the standard of care was met and what damages resulted. Under this rule, you have three years to sue from the termination of the services on that matter.

This differs from starting the period at the date of injury, which is common for some torts, or from discovery, which applies in jurisdictions that use a discovery rule for professional malpractice. It’s also not tied to paying a judgment. So three years from when the professional’s services on the matter are terminated best fits the typical framework for when a malpractice claim accrues in this context.