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.
Noneconomic damages are subject to a cap of $650,000 for causes of action arising between January 1, 2005 and December 31, 2008, and increase by $15,000 on January 1 of each year beginning on January 1, 2009. The increase applies to causes of action arising between January 1 and December 31 of that year. For wrongful death claims, the noneconomic damages cap is an aggregate of 125% if there are two or more claimants or beneficiaries. The statute of limitations is three years from reasonable discovery but no more than five years from the incident (for minors, if the incident occurred before age 11, the time limitation starts at age 11; for reproductive injuries or foreign objects and the claimant was under age 16, the time limitation starts at age 16). There is joint and several liability. Periodic payment s may be ordered with certain requirements. Arbitration proceedings before the Health Care Alternative Dispute Resolution Office may be waived by any party – the waiver requires the filing of a certificate of a qualified expert. The claimant must file a certificate of a qualified expert attesting to departure from the standard of care and that the departure is the proximate cause of the injury (the defendant must subsequently file a certificate from a qualified expert attesting to compliance with the standard of care by the defendant or lack of proximate cause). Supplemental certificates are also required.