MedicalMalpracticeHelp.com is pleased to offer this summary of United States medical malpractice laws, which we hope will be of assistance in analyzing medical malpractice risks in each of the fifty states. This state-by-state synopsis includes legislation and case law on subjects of importance to medical malpractice injury victims and counsel, including the statute of limitations, damage caps, and local laws of joint and several liability.
Medical malpractice has been traditionally regulated by the states in which they have addressed issues regarding court procedures, victim compensation, civil liability, malpractice insurance, medical professionals’ apologies to patients and their families and related matters. Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission.
To recover damages, the patient must establish: (1) The physician owed a duty to the patient; (2) The standard of care and that the physician violated that standard; (3) A compensable injury; and (4) The violation of the standard of care caused the harm suffered by the patient.