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 limit on noneconomic damages is $450,000 for causes of action arising on or after May 15, 2010 and is adjusted for inflation thereafter. The statute of limitations is two years from the occurrence but not more than four years from the act. For situations where the defendant fraudulently concealed the misconduct, the claim must be filed within one year after it should have been reasonably discovered. For foreign objects, within one year of reasonable discovery. There is several liability. Attorney fees are limited to one-third. Periodic payments are required for net future damages in the amount of $100,000 or more, at the request of any party. Periodic payments, except those for future earnings, terminate upon the death of the claimant. The claimant must request a pre-litigation panel review within sixty days after service of a statutory notice of intent to commence an action. The panel’s proceedings are not admissible during trial. The claimant is required to file a certificate of merit that includes an affidavit signed by a qualified expert stating that there are reasonable grounds to believe that the applicable standard of care was breached and that the breach was a proximate cause of the injury.

In its opinion filed on July 19, 2019, the Supreme Court of the State of Utah (“Utah Supreme Court”) ruled that the requirement in the Utah Health Care Malpractice Act (“Act”) that a Utah medical malpractice claimant obtain a certificate of compliance from the Division of Occupational and Professional Licensing (DOPL) violates Article VIII, section I of the Utah Constitution—the judicial power provision—by allowing DOPL to exercise the core judicial function of ordering the final disposition of claims without judicial review. “Accordingly, we find the offending provisions in the Act unconstitutional, reverse the district court’s grant of appellees’ motion to dismiss, and remand this case for a determination on the merits.”

In its opinion filed on August 11, 2015, the Supreme Court of the State of Utah (“Utah Supreme Court”) held that the noneconomic damages cap in section 78B-3-410 of the Utah Health Care Malpractice Act (“Malpractice Act”) is not constitutionally permissible as applied to wrongful death cases.