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Statute of Limitations

Action must be brought within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, except that no such action may be brought more than three years from the date of the act or omission complained of.

Comparative or contributory negligence

modified comparative negligence claimant's action is barred if his negligence exceeds the combined negligence of all defendants the claimant's recovery is diminished in proportion to his degree of negligence

Nature of accused's liability

modified form of several liability, joint defendants are generally only severally liable; however, a claimant may seek relief from the court within one year from the entry of final judgment if any portion thereof has not been satisfied

Law of contribution

joint tortfeasors are afforded a right of contribution in medical malpractice actions

Expert testimony standards

Expert testimony is generally required to establish a claim for medical malpractice, unless the lack of due care is so gross as to afford almost a presumption of negligence

Limits on compensation

None

Limits on attorney fees

An attorney may only receive a contingency fee up to the following amounts: 33 1/3 percent of the first $300,000, 25 percent of the next $300,000, 20 percent of the next $300,000, 15 percent of the next $300,000, and 10 percent of any amount which exceeds $1,200,000

Collateral Source rule enforced

Benefits received by a claimant from collateral sources must be used to reduce the claimant's recoverable economic damages. Payments or contributions made by the claimant in order to obtain such benefits serve to offset this reduction.

State and local health care providers immune from liabaility

Political subdivisions are generally liable to the same extent as private individuals, subject to a number of exceptions not relevant to health care

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