While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.
There is no limit on damages in medical malpractice cases. The statute of limitations is two years from the injury or death but in no event more than five years from the incident or death (for foreign objects, the statute of limitations is one year from discovery; for minors, two years from age 5 if the incident occurred before age 5). Several liability unless the action is bought jointly against two or more persons. There is no limit on attorney fees and there is no provision for ordering periodic payments. At the time of filing the complaint in court, the claimant must file an affidavit from a qualified expert attesting to at least one act of medical negligence and the factual basis for the claim of medical negligence.