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 a limit in the amount of $500,000 for all damages. The defendant is liable for up to $250,000 in damages (the amount above $250,000 is the responsibility of the Patient’s Compensation Fund). The statute of limitations is two years from the incident (for minors under age 6, until the 8th birthday). There is joint and several liability. Attorney fees for the portion of awarded damages paid by the Patient’s Compensation Fund is limited to 15%. Periodic payments are permissible. The claimant must file the proposed complaint with a medical review panel that must file its opinion before the complaint may be filed in court (unless the claim is for $15,000 or less). The opinion of the medical review panel is admissible during trial but is not conclusive and any party may call any member of the medical review panel to testify during trial. There is no requirement for an affidavit or certificate of merit.