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Statute of Limitations

Actions must commence within three years of the date that the act or omission causing the injury occurred

Comparative or contributory negligence

pure comparative negligence

Nature of accused's liability

Under the rule of joint and several liability, where more than one defendant is found liable, each defendant is individually liable for the entire amount, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount.

Law of contribution

joint defendants have a right of contribution

Expert testimony standards

Only experts in their field can testify at the trial.

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

Evidence of collateral source payments from state income disability or workers’ compensation, any health, sickness or income disability policy, or other contracts for remibursement is admissible into evidence

State and local health care providers immune from liabaility

Rhode Island has generally waived its immunity and that of its political subdivisions

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