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Statute of Limitations

A medical malpractice action must be brought within two years from the date of the incident or from the date when the incident was or should have been discovered

Comparative or contributory negligence

Pure comparative negligence

Nature of accused's liability

In any action for professional negligence accruing on or after July 1, 1986, wherein damages exceed $25,000, liability is apportioned among the defendants on the basis of each defendant's degree of fault, and each is severally liable

Law of contribution

joint defendants are afforded a right of contribution, a settling tortfeasor, however, is not entitled to contribution from a person whose liability was not extinguished by the settlement, or for an unreasonable settlement

Expert testimony standards

Unless the alleged negligence is obvious to a layman, expert testimony is necessary to establish a claim for medical malpractice.

Limits on compensation

Punitive damages in excess of three times the claimant's compensatory damages are presumed to be unreasonable

Limits on attorney fees

settled before filing an answer or appointing an arbitrator, 33.3% up to $1m, 30% between $1m and $2m, and 20% over $2m. settled subsequently or trial, 40% up to $1m, 30% between $1m and $2m and 20% over $2m. liability admitted and only damages contested, 33.3% up to $1m, 20% between $1m and $2m, and 15% over $2m. In cases appealed an extra 5%.

Collateral Source rule enforced

Court must reduce claimant's damages by the amounts paid from collateral sources. Court must also receive evidence of the cost of such benefits to the claimant to offset the reduction. No reduction shall apply for any sources to which a right of subrogation exists

State and local health care providers immune from liabaility

The State of Florida and its counties, municipalities, and other political subdivisions no longer enjoy sovereign immunity, neither the state nor any of its political subdivisions is liable for punitive damages

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