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Medical Malpractice

ALABAMA

years with Discovery Rule (if discovered after 2 years, then 6 months from discovery). SOR: 4 years after date of injury. Tolls: Children under 4 have until 8th birthday to file claim with a maximum of 4 years.

ALASKA

years with Discovery Rule.

Caps:
Pain and suffering limited to $250,000 for single injury. $400,000 for wrongful death or severe permanent physical impairment. $1,000,000 for severe injury or life expectancy calculation.

ARIZONA

years with Discovery Rule. Future damages arising from medical malpractice action payable in periodic installments or discounted to present value.

ARKANSAS

years from date of malpractice, with a 1 year discovery rule.  If discovery of a foreign object occurs after 2 years, plaintiff has 1 additional year to bring claim. Minors age 9 or younger have two years from date of malpractice or from 11th birthday, whichever is longer. Minors under the age of 11 have two years from discovery or 19th birthday, whichever is earlier.

CALIFORNIA

Years from date of injury or 1 year from date of discovery, whichever occurs first except for foreign objects where SOL runs from when object is, or should have been, discovered.  Infants under 6 have 3 years maximum, or prior to age 8, to commence actions (unless tolled by fraud or collusion of parent or guardian and defendant’s insurer or health care provider in failure to bring action for minor as a result of professional negligence).  SOL tolled for fraud or intentional concealment of presence of non-therapeutic, non-diagnostic foreign body in person of plaintiff. This 3 year SOL is an exception to the 1 year wrongful death statute. 5 Year SOL in elder abuse cases.

Caps:
$250,000 limit for non-economic damages.

COLORADO

years from date of accrual. SOR is 3 years from date of act.  If malpractice was knowingly concealed, or foreign object, then 2 years from discovery.  Child under 8, who was under 6 at time of malpractice, must bring claim before 8th birthday or action is on behalf of person otherwise under disability.

Caps: 

Periodic payments if award exceeds $150,000. Provides caps to $1,000,000 maximum for pain and suffering per patient and not more than $250,000 present value per patient attributable to economic loss or injury. Allows court discretion to allow periodic payments of future damages of less than that amount. $1,000,000 total limit on all damages; $300,000 non-economic limitation.

CONNECTICUT

2 years from date of injury or discovery. SOR: 3 years from date of malpractice.

Caps: 

Court must review award of damages over $1million to determine whether amount is excessive.

DELAWARE

2 years from date of injury, with Discovery Rule. SOR: 3 years from malpractice. Tolls: Children under age 6 have 2 years, or until their 6th birthday, to bring claim, whichever is later except, that statute of limitations may be tolled for up to 90 days after two years to investigate upon sending notice of intent to investigate to each potential defendant. Damages: Several special rules apply to compensatory and punitive damage awards in medical malpractice.

DISTRICT OF COLUMBIA

years with Discovery Rule. Continuous treatment rule applies.

FLORIDA

2 years with discovery rule. SOR: 4 years from the malpractice. SOL applies to minors 8 and older. Infant must bring suit by 8th birthday or within SOL whichever is greater. (When nature of bodily damage that occurs during medical treatment is such that, in and of itself, it communicates possibility of medical negligence, then statute of limitations begins to run;  however, if there is nothing about injury that would communicate to reasonable lay person that injury is more likely the result of some failure of medical care than a natural occurrence that can arise in absence of medical negligence, knowledge of injury itself does not necessarily trigger running of statute of limitations).

Caps:

Noneconomic Damages for Negligence of Practitioners:
Noneconomic damages, regardless of number of practitioner defendants, may not exceed $500,000 per claimant. If negligence, however, resulted in permanent vegetative state or death, total noneconomic damages may not exceed $1 million. In cases that do not involved death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1 million if: (i) trial judge determines that manifest injustice would occur unless increased non economic damages are awarded based on finding that noneconomic harm sustained was particularly severe; and (ii) tier of fact determines that negligence caused catastrophic injury to patient.

Noneconomic Damages for Negligence of Nonpractioners:
Noneconomic damages may generally not exceed $750,000. If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million. In cases that do not involve death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1.5 million under specific circumstances.
Noneconomic Damages for Negligence of Practitioners Providing Emergency Services and Care: Noneconomic damages, regardless of number of such practitioner defendants, may not exceed $150,000. Total noneconomic damages recoverable by all claimants from such practitioners may not exceed $300,000.

Noneconomic Damages for Negligence of Nonpractitioners Providing Emergency Services and Care:
Noneconomic Damages may not exceed $750,000. Total noneconomic damages recoverable from all such nonpractitioner defendants may not exceed $1.5 million. Nonpractitioner defendants may receive full setoff for payments made by practioner defendants.

Claimant may recover attorneys fees and costs of up to 25% of award. Claimants award is reduced by any damages received from arbitrating codefendants.

GEORGIA

years from date of death or injury or 1 year from discovery of foreign object. SOR:  No more than 5 years from act. Minors: 2 years from age 5 if action arose before 5th birthday. 1 year for foreign object left in body to run from discovery of negligence.

HAWAII

years with discovery rule but maximum SOL of 6 years from date of act. 6 year rule does not apply if malpractice was concealed by fraud. Minors: age 10 or within 6 years, whichever is longer.

Caps:
$375,000 limit for pain and suffering damages.

IDAHO

2 years with Discovery Rule that runs from when injury is, or should have been discovered.  1 year following accrual or 2 years following act or omission. SOL runs from discovery of any foreign object left in body.

Caps:
$250,000 limit on non-economic damages, adjusted annually according to the state's adjustment of the average annual wage.

ILLINOIS

2 years with Discovery Rule, no action may be commenced after 4 years from act or omission causing injury unless concealment by defendant.
Tolls: If plaintiff is under 18, action must be brought within 8 years after date or omission causing injury and never after 22nd birthday.

Caps:
Punitive damages not recoverable in medical malpractice cases. All other limits held unconstiutional.

INDIANA

2 years from act or omission subject to certain statutory exceptions. Minors under age 6 until age 8.

Caps:
$1,250,000 total limit. Liability limited to $250,000 per health care provider. Any award beyond limits covered by Patient Compensation Fund.

IOWA

2 years with maximum discovery rule of 6 years from occurrence. SOL applies to minors 8 and older. A minor under 8 has until 10th birthday to file suit. Mentally ill: 1 year from end of disability.

KANSAS

2 years with Discovery Rule. SOR 4 years from date of occurrence.

Caps:
$1,000,000 for all claims against defendants in actions accruing between July 1st, 1986 and June 20th, 1988, unconstitutional. For medical malpractice actions accruing on or after July 1st, 1986 party is limited to $250,000. Also, in medical malpractice actions accruing between July 1st, 1985 and June 30th, 1988, punitives may not exceed lesser of $3,000,000 or 25% of defendant’s highest annual gross income during five years before wrongful act. One-half of punitive damages collected to be paid to health care stabilization fund and one-half to plaintiff.

KENTUCKY

year with Discovery Rule SOR: 5 years.

LOUISIANA

1 year with Discovery Rule. SOR: 3 years after occurrence.  Damages limited by specific statutes.

Caps:
$500,000 limit for total recovery. Health care provider liability limited to $100,000. Any award in excess of all liable providers paid from Patient's Compensation Fund.

MAINE

3 years with Discovery Rule. Minors must file claim within 6 years after cause of action or 3 years after minor reaches age of majority.  3 years for personal injury or death in medical malpractice.
Requires written notice of claim on defendant.  SOL tolled from date upon which notice of claim filed until 30 days after claimant receives notice of findings by malpractice panel.

Caps:
Damage limits granted only in wrongful death cases. Non-economic damages limited to $400,000. Punitive damages limited to $75,000.

MARYLAND

5 years from injury or 3 years from discovery.  If plaintiff under 11, period commences on 11th birthday unless damage is to reproductive system or by foreign object and then it commences at age 16

Caps:
$500,000 limit on non-economic damages, raised $15,000 annually since 1995. 2004 limit is $650,000. Increase applied to cause of action arising between Oct. 1 and Sept. 30 of a given year.

MASSACHUSETTS

3 years with Discovery Rule.  SOR: 7 years after injury, unless foreign object involved and then SOL runs from when object is, or should have been, discovered.

Caps:
$500,000 limit for non-economic damages, some exceptions released from limitations.

MICHIGAN

2 years, or 6 months from discovery.  SOR: 6 years, except if fraud by defendant, or foreign object. In the case of a minor under eight years of age, the statute begins to run on the minor’s 10th birthday or within the two-year statute of limitations, whichever time period is greater. Where a minor under 13 suffers an injury to the reproductive system, the statute begins to run on the minor’s 15th birthday or within the general two-year medical malpractice statute of limitations, whichever time period is greater. Malpractice claims require 182 days prior written notice of claim during which time SOL is tolled.  If plaintiff is 13 or under, claim must be filed on or before 15th birthday.

Caps:
$280,000 limit on non-economic damages; $500,000 limit on non-economic damages applies to certain other circumstance. Limit adjusted annually by state treasurer according to consumer price index.

MINNESOTA

years

MISSISSIPPI

2 years with Discovery Rule (including wrongful death). SOR: 7 years after occurrence. These time limits apply to minors six and older. In the case of minors under six years of age, medical malpractice actions must be filed within two years of the date of the child’s sixth birthday. Mississippi also requires all persons who intend to file a medical malpractice action to give a 60-day written notice of action to the defendant.

Caps:
$500,000 limit on non-economic damages.

MISSOURI

2 years with Discovery Rule.  Infant under 18 has until 20th birthday to bring action.  Foreign object, within 2 years of discovery, maximum of 10 years from date of occurrence, or minor’s 20th birthday.

Caps:
Limit on non-economic damages adjusted annually for inflation; set at $565,000 in 2004.

MONTANA

3 years with Discovery Rule. SOR: 5 years for foreign object in medical cases. These rules apply to minors that are four years of age and older. In the case of minors under four, the statute begins to run on the minor’s eighth birthday.

Caps:
$250,000 limit on non-economic damages.

NEBRASKA

2 years. If the injury is not discovered within the two-year period, then the action must be filed within one year from the date that the injury was, or should have been, discovered, whichever is earlier. In no event may a medical malpractice action be filed more than 10 years after the act giving rise to the injury occurred.

Caps:
Total damages limited to $1,750,000. Health care provider liability limited to $500,000. Any excess of total liability of all health care providers paid from Excess Liability Fund.

NEVADA

4 years after date of injury and 2 years after date of discovery if occurring before 10/1/02, 3 years if occurring after 10/1/02.  Statute tolled during period where action is pending before medical malpractice screening panel.

Caps:
$350,000 limit on non-economic damages, with no exceptions.

NEW HAMPSHIRE

years. Actions against health-care providers must be filed within two years of the malpractice. This limitations period applies to minors who are eight and older. A minor under eight has until his or her 10th birthday to file a medical malpractice action. In foreign object cases, suit must be filed within two years of insertion of the foreign object or within two years of discovering the foreign object, whichever is earlier. This rule applies to minors.

NEW JERSEY

years with Discovery Rule.

NEW MEXICO

years with Discovery Rule. If plaintiff is under age 6 at time of act, he/she has until 9th birthday to bring action. If injury is latent, discovery rule generally controls when limitations period begins to run.

Caps:
Damages limited to $600,000 excluding punitive damages. Health care providers not liable for any amount over $200,000; any judgment in excess paid from Patient's Compensation Act.

NEW YORK

2 ½ years.  Tolled for foreign object or continuous treatment.  Statute runs from end of continuous treatment or discovery of foreign object [1 year]. *If the malpractice is fraudulently concealed, SOL is 6 years from when fraud is, or should have been, discovered. Infants: tolled, but not to exceed 10 years. (Medical, dental, and podiatric malpractice).

NORTH CAROLINA

years with Discovery Rule (1 year from reasonable discovery), SOR: 4 years from last act, unless foreign object, then 1 year from discovery, never more than 10 years.  1 year if discovered 2 or more years after occurrence. Minors: until age 19.

NORTH DAKOTA

2 years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant’s conduct. Continuous treatment rule applies.

Caps:
$500,000 limit on non-economic damages. Economic damage awards in excess of $250,000 subject to court review.

OHIO

1 year with Discovery Rule but, if prior to expiration of 1 year claimant gives written notice to defendant, action can be commenced within 180 days after notice. In foreign object cases SOL is 1 year from discovery with a 4 year SOR maximum. Minors or Persons with Unsound Mind: 4 years maximum with a maximum of 1 year additional for discovery rule from malpractice.

Caps:
No limits on economic damages. $250,000 limit on non-economic damages or amount equal to three times plaintiff's economic loss, determined by court. Maximum non-economic damages $350,000 per plaintiff or $500,000 per occurence.

OKLAHOMA

2 years with Discovery Rule. In the case of a minor under 12, the parent or guardian must bring suit on behalf of the minor within seven years after the malpractice. If the minor was injured at age 12 or older, he or she has one year after turning 18 to file suit. In no event may such a minor file suit less than two years after the date of the act giving rise to the injury occurred.

Caps:
$300,000 limit on non-economic damages in all malpractice cases; limit also specific to obsteric and emergency room care. No limits for negligence and wrongful death.

OREGON

2 years with Discovery Rule. SOR: 5 years of date of act unless delay is due to fraud, deceit, or misrepresentation, and then, action must be commenced within 2 years of when such is, or should have been, discovered.

PENNSYLVANIA

years with Discovery Rule.

PUERTO RICO

year

RHODE ISLAND

years with Discovery Rule.

SOUTH CAROLINA

years with Discovery Rule but not to exceed 6 years (SOR)from date of occurrence.  Foreign object: 2 years from discovery but minimum SOL is 3 years from placement. Minors: Maximum toll is 7 years or 1 year after reaching majority.

SOUTH DAKOTA

Negligence of Dentist, Hospital, R.N., L.P.N., Chiropractor (other practiononers of healing arts). 2 years with Discovery Rule.  SOL extended by continuous treatment. In the case of a minor under six, the child has two years after his or her sixth birthday to file a medical malpractice action. In the case of minors six and older, the minor must file suit within three years of the malpractice.

Caps:
Total general damages in medical malpractice actions limited to $500,000. No limit on special damages. Previous cap declared unconstitutional, but amended statute has not been tested.

TENNESSEE

year with Discovery Rule. (No continuous treatment rule). In foreign objects and fraudulent concealment cases SOL runs from discovery. SOR: 3 years from the negligence, applies to infants and is not tolled for infancy in any case commenced after December 9, 2005.

TEXAS

2 years. SOR: 10 years. Minors: under 12 to age 14.

Caps:
$250,000 limit per claimant for non-economic damages. $500,000 limit per claimant for non-economic damages in judgments against health care institutions.

U.S. VIRGIN ISLANDS

years

UTAH

2 years with Discovery Rule (1 year from act) SOR: 4 years from occurrence. These time limitations also apply to minors under 18. In foreign object cases and fraudulent concealment cases suit must be filed within one year of discovery of wrongful act.

Caps:
Injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience up to $250,000 for action arising before July 1st, 2002; $400,000 (adjusted for inflation) thereafter. This limitation does not affect awards of punitive damages. Future damages which equal or exceed $100,000, less amounts payable for attorneys’ fees and costs, must be paid by period rather than lump sum payments.

VERMONT

3 years from malpractice or within two years of the date that the injury was, or should have been, discovered. In no event may suit be filed more than seven years (SOR) from the date of the malpractice. If a foreign object is not discovered within the three-year medical malpractice statute of limitations, the plaintiff may file suit within two years of the date that the object was, or should have been, discovered.

VIRGINIA

2 years. Medical malpractice actions must be filed within two years of the malpractice. In the case of minors under the age of eight, the minor has until his or her 10th birthday to file suit. In the case of minors eight and older, suit must be filed within two years of the date that the act giving rise to the injury occurred. In foreign object cases, suit must be filed within one year from the date that the object was, or should have been, discovered. In no event may suit be filed more than 10 years (SOR) from the date that the object was actually inserted. 

Caps:
For medical malpractice cases, limits on recovery apply. For acts of malpractice occurring on or after August 1st, 1999, total amount of damages recoverable may not exceed $1.5 million. Statute provides for annual increases in cap of $75,000 until July 1st, 2008.

WASHINGTON

3 years with Discovery Rule (1 year whichever is later). SOR: 8 years from wrongful act, unless intentional concealment or foreign object. (Knowledge of custodial parent imputed to minor.)

Caps:
Np specific limits on damage awards. Judgment for non-economic damages cannot exceed formulation of average annual wage and life expectancy of injured.

WEST VIRGINIA

2 years with Discovery Rule with continuous treatment rule. Notice of Claim must be served on defendant 30 days before filing. SOR: 10 years from date of occurrence. Minors: under 10 have 2 years from injury or age 12, whichever is longer.

Caps:
$250,000 limit for non-economic damages. $500,000 limir for compensatory damages, limit goes up beginning in 2004 according to inlfation index. Physicians must carry at least $1 million malpractice insurance to qualify for limits.

WISCONSIN

3 years with Discovery Rule (1 year after discovery, whichever is later) but never more than 5 years.  Minors must sue for personal injury from health care providers within 3 years of date of injury or 1 year from discovery or by age 10.

Caps:
After 1995, $350,000 damage limit adjusted annually for inflation. $500,000 damage limit for death of a minor and $350,000 damage limit for death of an  adult.

WYOMING

2 years from act or discovery.  Minors must commence action by 8th birthday or 2 years from act, whichever is later.

Caps:
Limits are prohibited.