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Statute of Limitations

Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier.

Comparative or contributory negligence

Pure contributory negligence

Nature of accused's liability

Joint defendants are jointly and severally liable; each must assume and bear the responsibility for the misconduct of all.

Law of contribution

A joint defendent who pays more than his pro rata share has a right of contribution against other joint defendants whose liability was extinguished by the judgment or settlement and who have not paid their pro rata share.

Expert testimony standards

Within 90 days of filing a medical malpractice claim, a claimant must file a certificate from a qualified expert attesting to departure from standard of care and that the departure was the proximate cause of the alleged injury.

Limits on compensation

Non-economic damages are capped at $650,000

Limits on attorney fees

None

Collateral Source rule enforced

Collateral payments may not be entered to reduce compensation.

State and local health care providers immune from liabaility

The state has waived its immunity to the extent of $100,000 but immunity still applies to 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