Every state has enacted laws that can affect a medical malpractice case, from deadlines for filing a lawsuit (the "statute of limitations") to special procedural requirements that medical malpractice plaintiffs must follow. A number of states, in the name of medical malpractice reform, have enacted caps on the amount of compensation (damages) that an injured patient can receive after a successful lawsuit against a health care provider.
Choose a link from the list below to learn more about medical malpractice laws in your state.
Medical Malpractice Laws by State
Filing a Medical Malpractice Lawsuit
In order to file a medical malpractice lawsuit, you need to worry about more than just the filing deadline (called the statute of limitations). In many states, along with or shortly after filing the initial complaint, medical malpractice plaintiffs and their attorneys must comply with special procedures that have been put in place in order to weed out frivolous lawsuits and ensure that a patient's claims are valid. These rules range from the filing of sworn statements from a medical expert witness, to an appearance before a pre-litigation screening panel, and mandatory participation in alternative dispute resolution processes.