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LexisNexis 50 State Survey: Medical Malpractice Actions
The Lexis 50 State Survey for Medical Malpractice Actions would also be a good starting point for research regarding federal law and the law in all 50 states (and Puerto Rico, Virgin Islands, and Washington D.C.). However, access to the 50 State Survey requires a subscription to LexisNexis, which many people do not have. In order to facilitate research for those who cannot access the Lexis databse, the author of this LibGuide has compiled at least one free resource for each state in the sections below.
28 U.S.C. § 1346(b)
Part (b) of 28 U.S.C. § 1346 is one portion of the Federal Tort Claims Act, which provides federal tort liability (i.e., medical malpractice) against the United States for the actions of U.S. employees acting in the scope of their employment. For example, this section could be used to bring a malpractice claim in federal court against a federally employed physician or a federal hospital. If you are just beginning to research federal malpractice liability, reading the statute is a good place to start.
28 U.S.C. §§ 2671-2680
28 U.S.C. §§ 2671-2680 work in conjunction with 28 U.S.C. § 1346(b) to make up the Federal Tort Claims Act. These sections contain the bulk of the Act, including definitions, requirements for judgment, and allowance of attorney fees.
Coyne v. United States
This case established the principle that no medical malpractice cause of action accrues under the Federal Tort Claims Act while the victim is in military service. The court cited the Feres doctrine, which bars recovery under the Federal Tort Claims Act for medical injuries that are "incident" to military service.
Medical Malpractice Protection Under the Federal Tort Claims Act: Protecting Both Physicians and Claimants
The Federal Tort Claims Act is the primary sources of federal medical malpractice liability. This article does an excellent job of outlining and explaining the Act, as well as comparing and contrasting its protections for doctors and patients. This article is an excellent starting point if you are interested in researching federal liability for medical malpractice.
The Alabama Medical Liability Act
These statutory provisions are great starting points to get the lay of the land, and can be used to find relevant case law and secondary sources.
Note: Alabama has a total damages cap of $1 million for medical malpractice actions.
Alaska Stat. §§ 09.55.530-09.55.560
These statutory provisions provide the general requirements, procedure, and judgments for medical malpractice actions. As with most states, reading the statute is the best place to start.
Alaska has a $250,000 damages cap for malpractice actions based on a single injury and a $400,000 damages cap for malpractice actions based on catastrophic injury or death.
Arizona Medical Malpractice Laws
The Medical Malpractice Center has compiled the laws of several states as they pertain to medical malpractice actions. This source is an excellent starting point, since it is written in plain language and is easy to understand.
Arizona Constitution, Art. II, § 31
Arizona's constitution prohibits capping damages for personal injury actions.
Arkansas Medical Malpractice Laws
The Medical Malpractice Center compiled relevant medical malpractice laws from the state of Arkansas. This source is written in plain language, and is easy to understand. It is a helpful starting point.
Medical Malpractice Laws
A top litigation/personal injury firm serving Arkansas clients put together a helpful, informative article regarding the requirements for and considerations surrounding bringing a medical malpractice claim in Arkansas.
Medical Malpractice: Essential Factual Elements
This link will take you to jury instructions that lay out the essential factual elements for a medical malpractice claim in California. Jury instructions show us how the law is applied in real life, so they are useful resources when attempting to learn how a jurisdiction applies its laws.
Medical Malpractice vs. General Negligence under California Law
A recent California case distinguished sharply between medical malpractice and general negligence. This brief article from a Harvard blog is helpful in understanding an important concept in California malpractice law.
The Health Care Availability Act
These statutory provisions outline the definitions and procedure for a medical malpractice action in Colorado. There is not much literature on medical malpractice law in Colorado, so reading the statutes is the best place to start.
Note: § 13-64-302 in this link lays out the damages caps for Colorado.
Connecticut Medical Malpractice Summary
Written by a personal injury firm serving Connecticut clients, this plain language article clearly and concisely explains the most important aspects of Connecticut medical malpractice law. I highly recommend starting here on your search of Connecticut malpractice law as a way to get acquainted with the field.
Connecticut Medical Malpractice Laws
The Medical Malpractice Center has also compiled a very helpful list of concepts from Connecticut's malpractice law. This source is one of the best state pages available from the Center, and provides a great starting block.
CT Gen. Stat. § 52-228c
Note: If the verdict in a medical malpractice case is over $1 million, it must be review by a judge for excessiveness.
Delaware Medical Malpractice Laws & Statutory Rules
This site provides a helpful introduction to Delaware law surrounding medical malpractice. This is the best starting place for research into Delaware malpractice law for two reasons: (1) there are citations to sources throughout the article and (2) Delaware's malpractice provisions are spread throughout its state code, so having them compiled in one place is very convenient.
Fla. Stat. Ch. 766: Medical Malpractice and Related Matters
The majority of the vast number of Florida statutes relating to medical malpractice can be found here. This is a very helpful resource since it is provided free of charge from the Florida government, and allows you to travel easily from provision to provision. See § 766.118 for damages caps, a portion of which was recently struck down (see below).
Malpractice damage caps struck down by Florida Supreme Court
The Florida Supreme Court recently (June 8, 2017) struck down the statutory cap on non-economic damages in medical malpractice actions. This secondary source provides an excellent peek into the interactions between Florida medical malpractice statutes and the court system.
Georgia Malpractice Codes
This Georgia personal injury firm has compiled a list (and links!) to some of the most important code provisions relating to malpractice in Georgia. Their other pages are also incredibly helpful, and I would specifically recommend looking at the "Malpractice Questions" page to get answers to introductory questions.
HRS §§ 671-1 through 671-20
This site provides links to the majority of Hawaii's provisions regarding medical malpractice. This source is incredibly helpful because it also cites cases relating to the statutes at the end of the page. This is a great starting point for learning about Hawaii's malpractice law, at least on a preliminary level.
How to File a Medical Malpractice Claim in Hawaii
This article comes from a solo practitioner's site and provides an excellent overview of how a medical malpractice claim is filed in Hawaii. This is a good resource because it not only touches on the statutory requirements, but also how it actually plays out in the beginning of the legal process.
Idaho Medical Malpractice Laws
This is a very high-quality overview of Idaho medical malpractice laws. It lays out the statutory requirements in easy-to-read plain language, and cites its sources at the end. This is the perfect place to start researching Idaho medical malpractice law.
Illinois Medical Malpractice Summary
Compiled by a highly-rated law firm serving Illinois clients, this site covers 14 different topics relating to Illinois medical malpractice law. It is an easy read, and cites to sources that can be used to expand the search. Overall, an excellent source.
Key Features of Indiana's Medical Malpractice Act
Published by the Indiana State Medical Association, this quick read touches on unique aspects of Indiana malpractice law, insurance issues, statute of limitations, and statutory barriers to suing in court. This is a interesting and unique source.
Medical Malpractice FAQs
As the title indicates, this site provides great answers to several FAQs about Indiana medical malpractice law. This is a great place to start if you have more questions than answers.
Iowa Code §§ 147.135 through 147.150
Sections 147.135 through 147.150 encompass the majority of Iowa's provisions regarding medical malpractice. Iowa's law in this area is relatively straightforward, so reading the statutes is the best place to start.
Kansas Medical Malpractice Laws
The Medical Malpractice Center has compiled and outlined Kansas's most important laws regarding medical malpractice. This source is very helpful, not only because it discusses statutes, but also how those statutes have played out in Kansas courts. Kansas has little to no case law, so this source is an excellent way to get the lay of the land regarding Kansas medical malpractice.
The Facts About Medical Malpractice in Kentucky
Although it is from 2004, this source provides an excellent and comprehensive outline of a lot of medical malpractice issues. The numbers may have changed in the intervening years, but this source is still an excellent way to find out more about many key medical malpractice issues. The sources cited within may help you expand your search.
Kentucky Constitution, § 54
Note: The Kentucky Constitution explicitly prohibits capping damages in any personal injury action (including medical malpractice actions).
Five Things to Know About Medical Malpractice in Louisiana
This newspaper article lays out five important things to know about medical malpractice in Louisiana. Although primary sources like cases and statutes are important, easy-to-read articles like this one are often the most helpful when researching a new area.
Recent Developments: Louisiana Medical Malpractice Law
This law review article is an excellent source for orienting yourself in the current landscape of Louisiana medical malpractice law. I'd recommend starting here for comprehensive background information and citations to help you build your search.
24 M.R.S. §§ 2851 through 2987
These provisions make up the entirety of Maine's statutory malpractice scheme. Since the law here is so straightforward, reading through the statutes themselves is the best way to get started on your research.
A Summary of Medical Malpractice Law in Maryland
Published by a personal injury firm in Maryland, this article does an excellent job of explaining the requirements and general in-and-outs of Maryland medical malpractice law. It is written in easily readable language, and cites to primary sources throughout. Overall, a top-notch source to learn about the high points of Maryland medical malpractice law.
Medical Malpractice Law Summary
This short article hits all of the high points in Maryland medical malpractice law in quick, clear, and concise writing. This is an excellent place to begin your research.
Massachusetts Medical Malpractice Summary
This article explains each aspect of Massachusetts medical malpractice law in just enough detail. It covers 14 different topics, and cites to each primary source it mentions. Overall, an excellent source.
Handbook of Michigan Medical Malpractice Law
This 206 page handbook (probably) provides everything a researcher needs to know about medical malpractice law in Michigan. At the very least, it provides a great launchpad for new and improved searches.
Minn. Stat. § 145.682
This provision is one of three Minnesota statutes that deals with medical malpractice. Like Missouri, Minnesota requires an health care provider affidavit to be filed with medical malpractice claims. The requirements for such an affidavit are outlined here.
Minn. Stat. § 541.076
§ 541.076 is the second of three Minnesota statutes that deal with medical malpractice. This one provides plaintiffs with the actual cause of action for medical malpractice against a healthcare provider.
Minn. Stat. § 604.11
The final of three statutes relating to medical malpractice in Minnesota, § 604.11 deals with discovery, alternative dispute resolution, and interrogatories in malpractice cases.
Mississippi Medical Malpractice Law
This site provides an excellent overview of medical malpractice law in Mississippi. It hits on all of the important points, such as informed consent, damages caps, statute of limitations, and other rules unique to Mississippi. This is a great starting point.
Mississippi Medical Malpractice Laws
This source is great in that it not only outlines Mississippi statutory law about medical malpractice, it also summarizes several key medical malpractice cases at the end of the article. Overall, a very helpful source.
Nevada Medical Malpractice Laws
This is a nice overview of the most important parts of medical malpractice law in Nevada. It is a good place to start if you don't know much about Nevada medical malpractice law, and need some preliminary background information to get started.
Nevada Medical Malpractice
This article provides a high-level overview of Nevada medical malpractice law. In addition, it cites to the primary sources it uses, making it a great starting point for researchers new to this area of law.
New Hampshire Medical Malpractice Laws
This is an excellent starting point for research into New Hampshire medical malpractice laws. It details many of the key issues in the field, outlines how medical malpractice litigation works in New Hampshire, and explains several key malpractice cases in the state.
The New Mexico Medical Malpractice Act
This link takes you to a compilation of the New Mexico Medical Malpractice Act. These provisions encompass the entirety of New Mexico medical malpractice law. Since the medical malpractice regime in New Mexico is so straightforward, reading the statutes themselves is a great place to start.
The New York City Bar Association published this article, which provides a top-notch overview of the basics of New York medical malpractice law. It hits on may unique concepts, such as expert testimony, res ipsa loquitor, and several examples of medical malpractice.
The New York Medical Malpractice Law Blog
This blog is updated frequently with relevant articles concerning New York medical malpractice law. Secondary sources that constantly stay up to date like this are hard to come by, and this one is a great place to begin your research.
Medical Malpractice Actions
This compilation of statutory provisions falls under the title "Medical Malpractice Actions," and makes up one half of North Carolina's statutory medical malpractice regime. Since the law is so straightforward, reading the statutes is the best place to start.
Health Care Liability
This collection is the second half of North Carolina's legal medical malpractice regime. The two sections work in conjunction with one another, so take the time to read through them both.
5 Things to Know About Medical Malpractice in North Dakota
Published by a law firm in Fargo, North Dakota, this article explains all of the most important points of North Dakota's medical malpractice law: the statute of limitations, how to serve a medical malpractice lawsuit, the requirement of dispute resolution, the "expert report" requirement, and damages caps. Overall, an excellent preliminary source.
ORC Ann. § 2305.113
This provision is the primary Ohio statute regarding medical malpractice actions. This is the recommended starting point for anyone beginning their research on Ohio medical malpractice law.
Medical Malpractice in Ohio: What Damages Can I Recover?
The title is somewhat misleading, as this article deals with medical malpractice in Ohio generally. However, it does talk in detail about the recoverable damages in Ohio medical malpractice claims. This is a good source for preliminary information.
New Laws Change Oklahoma Medical Malpractice Cases: Law Summary
This is a fantastic overview of modern medical malpractice law in Oklahoma. Although it does not cite to primary sources, it does hit on many of the most important points and can be used as a springboard for further searching.
Oklahoma Medical Malpractice Laws
This is an amazing, detailed source that goes through many important medical malpractice issues in clear, concise language. The article even cites an ongoing case at the end. This is an excellent starting point.
How to File a Medical Malpractice Suit in Oregon
This short article primarily deals with statute of limitations and potential costs of a medical malpractice lawsuit. However, these are both important issues in researching malpractice law and this site does a good job of explaining them.
Oregon Supreme Court expands malpractice definition
This is a recent article about a case that just came down (May 2017) from the Oregon Supreme Court. It provides insight into current medical malpractice events in Oregon, and outlines the new definition of medical malpractice.
The Reality of Pennsylvania Medical Malpractice
Written by a highly-rated trial lawyer, this blog post discusses real statistics and outcomes for medical malpractice claims in Pennsylvania courts. Although it is somewhat skewed in favor of plaintiffs, it still provides a helpful analysis of the medical malpractice regime in Pennsylvania.
Medical Malpractice Statistics
This site provides medical malpractice filings, jury verdicts, and non-jury verdicts in Pennsylvania from 2000-2016, which is something that is not readily available for most other states. This source allows you to see firsthand the workings of the Pennsylvania medical malpractice regime.
Rhode Island Medical Malpractice Laws
Rhode Island's approach to medical malpractice is simple and straightforward. This article explains some of the most important legal aspects, and links to sites where you can learn more. Overall, an excellent starting point.
Medical Malpractice FAQs
FAQs are always an excellent place for researchers to start delving into a new topic, and this article is no different. Written by an experience medical malpractice attorney, this source will provide you with clear answers to your preliminary questions.
Medical Malpractice Actions
Many of the South Carolina statutory provisions relating to medical malpractice can be found at this link. The law here is somewhat nuanced, so the statutes should be read carefully.
South Carolina Medical Malpractice Claims: What You Must Know Before You Sue a Doctor
This short handbook (13 pages) provides detailed explanations of the ins and outs of the South Carolina medical malpractice system. Although it is meant for use by potential plaintiffs, it would be helpful for researchers to read through it in order to acquaint themselves with South Carolina medical malpractice law.
S.D. Codified Laws § 15-2-14.1
South Dakota medical malpractice law is fairly straightforward and clearly defined, thus statutes are the most helpful preliminary resources. This section details the time frame for bringing a medical malpractice action.
S.D. Codified Laws § 21-3-11
South Dakota medical malpractice law is fairly straightforward and clearly defined, thus statutes are the most helpful preliminary resources. This provision provides the noneconomic damages cap on medical malpractice actions ($500,000).
Understanding Medical Malpractice Cases in Tennessee
This article provides great, detailed answers to the most important medical malpractice questions (e.g., "What must be proved to win a medical malpractice case in Tennessee?"). This is an excellent place to start your research.
Tenn. Code Ann. § 29-26-115
This is one of the most important statutory provisions in the Tennessee medical malpractice legal regime. It provides the requirements for plaintiffs' burden of proof, expert testimony, presumption of negligence, and jury instructions. This is a good introduction to Tennessee statutory law regarding medical malpractice.
Tex. Civ. Prac. & Rem. Code §§ 74.001 through 74.507
This source outlines the vast majority of Texas statutory law about medical malpractice. Reading the statutes carefully is a good starting point in this case.
Summary of Texas Medical Professional Liability Law
This is an amazing place to start if you are researching Texas medical malpractice liability law. It covers statute of limitations, expert testimony, notice, pre-judgment interest, damage caps, and more. Start here if you need a good informational foundation about medical malpractice law in Texas.
Utah Health Care Malpractice Act
This is a good introduction to the statutory regime around medical malpractice in Utah. These provisions are not exhaustive, but provide a good foundation for additional learning/research.
Overview of Utah Health Care Malpractice Law
This is a great starting point for research on Utah Health Care malpractice law. As the title indicates, it is an overview, meaning that it hits on a lot of issues at a high level. Overall, a helpful source that greatly enhances understanding.
Vermont Medical Malpractice Laws
When researching Vermont medical malpractice law, start here. The Medical Malpractice Center has compiled all of the most important points about Vermont medical malpractice law. Reading this is a great way to get all the background information you need in order to expand and begin your research.
Navigating Complex Medical Malpractice Cases
This source covers seven crucial topics in the Virginia medical malpractice realm, and even includes a helpful video. It also links to web resources, blogs, and related topics. Overall, a very comprehensive, detailed, helpful source.
Medical Malpractice Claims in Virginia
Published by a personal injury law firm, this source focuses on what it takes to bring a medical malpractice claim in Virginia. Touching on everything from statute of limitations to distinguishing between a mistake and a legal incident, this source is easy to read, easy to understand, and very helpful for research.
W. Va. Code §§ 55-7B-1 through 55-7B-12
West Virginia's statutory medical malpractice regime can be found here. You should read through these statutes as a preliminary step in your research.
Medical Malpractice Litigation in West Virginia
This report, geared towards young lawyers, gives a unique perspective on medical malpractice in West Virginia. It contains helpful background information and unique insights that can be used to add nuance to your research.
Medical malpractice lawsuits nearly impossible to win in Wisconsin
This article details several recent medical malpractice cases and gives one point of view on the Wisconsin medical malpractice system. It includes citations to cases and references to statutes. It would be helpful to either hone an opposing argument, or reinforce an argument in agreement.
Wis. Stat. §§ 893.55
This is the main Wisconsin medical malpractice statute. Read this careful as a precursor to the rest of your research.