In medical malpractice law, the statute of limitations refers to the period from the time an injury occurs or is discovered to the final date on which a medical malpractice suit can be filed. If the statute of limitations expires before a malpractice suit is filed, the defendant can have the case dismissed for being untimely. It is up to the defendant to alert the court of a statute of limitations violation. The statute of limitations will vary among claims and each state's medical malpractice law - the limit may range from six months to four years.