State Medical Malpractice Laws, Lawsuit-Filing Deadlines, and Damages Caps
If you think you might have a valid medical malpractice case—meaning you believe you've been harmed by sub-standard medical care at the hands of a doctor or other health care professional—it's time to get familiar with the laws in your state that could impact your case. From the "certificate of merit" requirement and other lawsuit-filing prerequisites, to limits on certain kinds of compensation even when the patient's case is successful, you'll find what you need to know right here. A medical malpractice lawsuit is one of the most complex types of injury cases you can bring.
In almost every state, lawsuits against health care providers require injured patients to jump through special procedural hoops, including having a qualified medical expert sign off on the validity of the claims, or getting the lawsuit approved by a "screening panel" before it can be filed. Below you'll find key details on the basic medical malpractice laws in your state.
Alabama
Alaska
Arkansas
Colorado
Connecticut
Delaware
District of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Utah
Vermont
West Virginia
Wisconsin
Wyoming
Medical Malpractice Laws in Your State
In almost every state, lawsuits against health care providers require injured patients to jump through special procedural hoops, including having a qualified medical expert sign off on the validity of the claims, or getting the lawsuit approved by a "screening panel" before it can be filed. Below you'll find key details on the basic medical malpractice laws in your state.
- Alabama
- Alaska
- Arkansas
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Utah
- Vermont
- West Virginia
- Wisconsin
- Wyoming
You also need to understand your state statute of limitations for medical malpractice lawsuits. These laws are important because if you wait too long to file your lawsuit, you'll lose your right to any legal remedy for harm caused by a medical error. The "clock" doesn't typically start running until you discover (or should have discovered) that you were harmed by sub-standard medical care, and each state has exceptions and nuances that could affect the deadline. Here you'll find the statute of limitations for medical malpractice in major U.S. states.
State-Specific Filing Deadlines: Statutes of Limitations
You also need to understand your state statute of limitations for medical malpractice lawsuits. These laws are important because if you wait too long to file your lawsuit, you'll lose your right to any legal remedy for harm caused by a medical error. The "clock" doesn't typically start running until you discover (or should have discovered) that you were harmed by sub-standard medical care, and each state has exceptions and nuances that could affect the deadline. Here you'll find the statute of limitations for medical malpractice in major U.S. states.
Even if an injured patient wins their medical malpractice lawsuit in court, a number of states have passed laws that limit or "cap" the amount of compensation ("damages") that can be awarded in a medical malpractice case. A few states have an overall limit on all medical malpractice damages available in a successful lawsuit. Here you'll find details on damages caps in a number of key states.
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