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 on noneconomic damages in the amount of $280,000, which is adjusted annually for inflation. The limit is $500,000 for specified injuries or conditions. The statute of limitations is two years from the injury or six months from reasonable discovery, but no more than six years from the injury. For minors, if before the age of 8, then before the 10th birthday or within the general limitation period, whichever is later; if injury is to the reproduction system and under age 13, then before the 15th birthday or within the general limitation period, whichever is later. There is modified joint and several liability (joint and several liability if the claimant is determined to be without fault). Periodic payments will be ordered by the court for future damages in excess of $250,000, present value, supported by the purchase of an annuity contract. Mediation of medical malpractice claims is mandatory. The claimant must file an affidavit of merit by a qualified expert attesting to a review of records and stating the standard of care, the breach of the standard of care by the defendant, the actions that should have been taken to satisfy the standard of care, and the manner in which the standard of care proximately caused the claimant’s injuries. The defendant is required to file a certificate of meritorious defense.