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 limited to the greater of $250,000 or three times the amount of the economic loss, to a maximum of $350,000 for each claimant or a maximum of $500,000 for each occurrence. If noneconomic damages are for permanent and substantial physical deformity, loss of use of a limb, or loss of a body organ system or permanent physical functional injury that permanently prevents the injured person from being able to independently care for himself and perform life-sustaining activities, then noneconomic damages are limited to $500,000 for each claimant and $1 million for each occurrence. The statute of limitations is one year from the incident and no more than four years after discovery (for foreign object: one year from discovery). There is modified joint and several liability (if one defendant is more than 50% at fault, that defendant is jointly and severally liable for economic damages (joint liability exists for intentional torts even if less than 50% fault)). Court approval is necessary if the amount of the attorney fees exceeds the applicable limit on noneconomic damages. The court may order periodic payments for future damages if they exceed $50,000, upon request of any party. A complaint must be accompanied by an affidavit of merit as to each defendant.