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 no limitation on damages. The statute of limitations is three years from injury or one year from reasonable discovery, whichever is later, but no more than eight years after the incident. For foreign object, the statute of limitations is one year after actual knowledge. There is modified joint and several liability (joint liability only where the defendants were acting in concert or as an agent or servant of a party, or the claimant is determined to be not at fault). The court determines the reasonableness of attorney fees. If the future damages are $100,000 or more, and upon request of any party, the court will determine what portion of the judgment will be paid in a lump sum or by periodic payments. Pre-trial mediation is mandatory unless the parties previously agreed to arbitration. There is no requirement for an affidavit or certificate of merit.