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.


There is no limitation on damages. The statute of limitations is two years from injury or reasonable discovery (if a claimant can establish that an alleged act, error, or omission was not reasonably discoverable within the two year period, then within two years of discovery). For minors, by the 8th birthday or within two years, whichever is later, unless the alleged act, error, or omission was not reasonably discoverable within the two year period, in which case within two years from discovery. There is several liability (no joint liability). Attorney fees may be limited to one-third of $1 million if settled prior to or within 60 days after the claim is filed or 40% if the claim is settled more than 60 days after filing the claim or if a judgment is entered upon a verdict; and, 30% of the amount in excess of $1 million. There is no provision for periodic payments. There is the Medical Liability Compensation Account. A panel reviews all medical malpractice claims before they are filed in court. The panel’s decision is nonbinding and may be admitted during trial only for impeachment purposes. The claimant is required to submit a qualified expert’s report setting forth the basis for the expert’s opinion that malpractice occurred, within sixty days after receipt of the defendant’s answer to the complaint.