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Statute of Limitations

The limitation period applicable to medical malpractice actions for injury or death is two years from the time the cause of action

Comparative or contributory negligence

modified contributory negligence, negligence of the claimant does not bar recovery if the claimant's fault is less than the defendant's fault

Nature of accused's liability

Where thedefendants were acting in concert or as agents of one another, liability is joint and several. In all other instances, liability among joint tortfeasors is several only. When several, each party's liability will equal his proportionate share of the total damages awarded.

Law of contribution

The right of contribution exists among joint defendants (defined to include both those jointly and those severally liable), each is entitled to contribution when he has discharged the common liability or has paid more than his pro rata share

Expert testimony standards

In any medical malpractice action, the claimant must prove by direct expert testimony that the defendant negligently failed to meet the applicable community standard of health care practice

Limits on compensation

Non-economic damages for personal injury or wrongful death may not exceed $400,000.

Limits on attorney fees

None

Collateral Source rule enforced

Judgment may be entered only for those damages that exceed compensation received from collateral sources. Evidence of the collateral payments is submitted to the trial judge after the verdict

State and local health care providers immune from liabaility

A governmental entity and its employees, acting within the scope of employment without malice or criminal intent, are immune from liability for any claim based on an act or omission of the employee in (a) the exercise of ordinary care in the execution of a statute or (b) the exercise of a discretionary function or duty.

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