Notice
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.
The statute of limitations is four years from the date that the cause of action accrues., with exceptions and provisions for claimants under disability, such as for minors. There is modified joint and several liability – defendants are jointly liable if a defendant is determined to be greater than 50% at fault, two or more persons acted in a common scheme or plan that results in injury, or the person committed an intentional tort. Attorney fees must be adjusted based upon the collateral source rule. Periodic payments can be chosen by the claimant after an evidentiary hearing if future damages awarded exceed $100,000. An affidavit by a qualified expert must be filed attesting to the deviation(s) from the standard of care by the defendant and that the deviation(s) was the proximate cause of the claimant’s injury.