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Statute of Limitations

Any action must begin within 2 years of the event giving rise to the claim. If the cause is not discovered within two years, a suit must be filed within 6 months of discovery

Comparative or contributory negligence

Pure contributory negligence

Nature of accused's liability

In the case of more than one accused, each is held equally liable

Law of contribution

With some exceptions, the accused is not entitled to indemnity. In the case of joint tortfeasors, the secondary offender can seek indemnity against the primary accused.

Expert testimony standards

The plaintiff must prove negligence throuigh expert witness, unless understanding the doctor's negligent behaviouir require only common knowledge.

Limits on compensation

Non-economic damages may not exceed $400,000, punitive charges capped at $250,000. This was ruled unconstitutional but not repealed. Wrongful death damages are purely punitive.

Limits on attorney fees

None

Collateral Source rule enforced

Evidence of payment in whole or part of claimant's medical bills in admissible into evidence

State and local health care providers immune from liabaility

The State of Alabama and its agencies are immune from liability, county health providers are not immune, unless carrying out a state function.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability