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.
Economic damages awarded may not include those paid by health insurance or any source other than the claimant or claimant’s family. The statute of limitations is two years from reasonable discovery but not more than six years from the incident (foreign object claims excepted). For minors, the statute of limitations is the same except if under age 8, then the 10th birthday, whichever is later. There is modified joint and several liability – does not apply to defendant who is determined to be less than 50% at fault; if found to be 50% at fault or greater, then joint and several liability applies to economic damages only but not to noneconomic damages. The claimant’s attorney fees are subject to a determination of reasonableness by the court. The court has authority to order periodic payments with some restrictions, if requested by a party. There is no requirement for an affidavit or certificate of merit. Experts’ qualifications must relate directly to the medical issue and treatment related to the incident.