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Statute of Limitations

action may be brought within two years after the act or omission that forms the basis for the claim. Alternatively, it may be brought within six months after the claimant discovers or should have discovered the existence of the claim, so long as it is brought within six years after the act or omission

Comparative or contributory negligence

Pure comparative negligence, with one exception. When plaintiff's fault is greater than the combined fault of defendants then there is no access to non-economic damages.

Nature of accused's liability

defendants are jointly and severally liable

Law of contribution

joint defendants who pay more than their share of a common liability a right of contribution

Expert testimony standards

An expert witness in a medical malpractice case must be a licensed health care professional practicing or teaching in the same specialty as the defendant for whom or against whom he testifies, and must have any board certifications that the defendant has.

Limits on compensation

Limits on non-economic damages are set at approximately $360,000 for most injuries or about $650,000 for spinal cord or brain injuries.

Limits on attorney fees

Fees must be approved by the court, for wrongful death the fee is a maximum of one third of settlement

Collateral Source rule enforced

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State and local health care providers immune from liabaility

Michigan has largely waived sovereign immunity for negligent medical care, there is no immunity for a governmental agency or its employees with respect to providing medical care except in a hospital owned or operated by the department of community health or the department of corrections

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