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.


Punitive damages limited to five times the amount of compensatory damages or $350,000, whichever is greater. The statute of limitations is two years from when the cause of accrues (for a minor from birth: until age 13). There is modified joint and several liability (the court determines each party’s fault: the party recovering damages can recover the full amount of the damages from any defendant found to be at least 60% at fault; if less than 60%, only the percentage of damages attributable to that defendant’s fault can be recovered from that defendant). Attorney fees are limited to one-third of the first $500,000, 30% of the next $500,000, 25% of the next $500,000, 20% of the next $500,000, and an amount to be set by the court for amounts above $2 million (for minors or the mentally incapacitated, the attorney fees are limited to 25% if the claim is settled without a trial). There is no provision for periodic payments. The court may refer the claim to complementary dispute resolution. The claimant is required to provide an affidavit from a qualified expert based on reasonable probability that the care fell outside the acceptable standard of care.