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Statute of Limitations

A medical malpractice suit must be bought within 1 year of discovery, but no more than 3 years from the date of injury.

Comparative or contributory negligence

Pure comparative negligence

Nature of accused's liability

Calinfornia operates a joint and several liability system where all defendants are equally liable. Several liability only applies to non-economic damages, thus making defendants liable only proportionally.

Law of contribution

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Expert testimony standards

The claimant must present expert testimony in order for the case to be considered prima facie

Limits on compensation

Non-economic payments are capped at $250,000 regardless of whether the case is death or injury. Punitive damages are uncapped.

Limits on attorney fees

On the first $50,000 an attorney can charge up to 40%, up to 33.3% on the next $50,000 and 25% of the next $500,000. Fees are capped at 15% for awards in excess of $600,000

Collateral Source rule enforced

The collateral source rule is in operation in California

State and local health care providers immune from liabaility

Public entities are immune from liability, but may be liable for the actions of their employees.

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