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Statute of Limitations

Any suit must be brought within 2 years of the date of injury.

Comparative or contributory negligence

A modified form of comparative negligence in which the plaintiff's role in an incident is proven to be less than 50%.

Nature of accused's liability

In general defendants are not liable for more than the same percentage of blame attributed. Unless it can be proven that all defendants acted in concert.

Law of contribution

Defendants held jointly liable have a right of contribution. A right of contribution exists only in favor of a defendant who has paid more than his pro rata share of the common liability.

Expert testimony standards

Within 60 days after service of the complaint, the claimant must file a certificate of review, which states that an expert was consulted and that the expert is competent to express an opinion as to the alleged negligent conduct

Limits on compensation

Damages may not exceed $1,000,000, of which a maximum of $250,000 is for non-economic purposes.

Limits on attorney fees

None

Collateral Source rule enforced

A plaintiff's damages are reduced by the amount the claimant is compensated for his loss from sources for which the claimant did not contract and make payment.

State and local health care providers immune from liabaility

Public entities are generally immune from personal injury actions

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