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Statute of Limitations

Actions must commence within two years of the act or omission giving rise to the injury

Comparative or contributory negligence

modified comparative negligence, a claimant's action is not barred unless his negligence is more than the combined negligence of all defendants

Nature of accused's liability

Unless a defendant is 50% or more at fault for the plaintiff's injury, or is guilty of willful misconduct or reckless disregard for the plaintiff's safety, defendants are only responsible for damages in proportion to their fault.

Law of contribution

When more than two people are jointly or severally liable in tort for the same injury, a right of contribution exists in favor of the defendant who paid more than his pro rata share.

Expert testimony standards

A medical expert witness must be licensed to practice medicine in any area of health care relevant to the claim

Limits on compensation

non-economic damages are limited to $300,000. However, the limit does not apply in cases involving wrongful death.

Limits on attorney fees

no more than 50% of judgment

Collateral Source rule enforced

The court must admit evidence of payments of medical bills made to the injured party unless the payments are subject to subrogation or other right of recovery.

State and local health care providers immune from liabaility

the state and all its political subdivisions, including counties and municipal corporations, are liable in tort to the same extent as an individual.

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