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Do I have a medical malpractice case, and do I need a lawyer?
STATEState law: each state sets its own deadline, damages cap and steps before suit. This page lists all 50 states and D.C., and the federal rules for VA and other federal providers.Checked by the Justice legal team against official sources · Last reviewed 6 free tools on this page
Short answer
Medical malpractice means a provider fell below the accepted standard of care and that caused you harm. Most states require an expert to back the claim, often before or soon after you file, and many cap damages. Deadlines are short, often 2 years. A malpractice lawyer usually works on contingency, capped in some states.
Date calculator · 44 states
Your deadline to sue for medical malpractice
Each state's deadline read from its statute or its courts · checked Nov 1, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Key points
- What you must prove
- A duty of care, a breach of the accepted standard of care, that the breach caused the injury, and damages. A bad result alone is not malpractice.
- Before you sue
- Most states need an expert behind the claim: an affidavit or certificate of merit, or a review panel first. Some need notice months ahead: 90 days in California and Florida, 182 days in Michigan.
- Deadline
- Often 2 years, sometimes from when you discovered the injury, with an outer limit: 1 year in Kentucky, Louisiana, Ohio and Tennessee; 5 years in Maryland (or 3 from discovery).
- Caps and fees
- 20 states on this page cap damages (non-economic, or all damages), 5 have caps their courts struck down, and 10 have none. Several states cap the lawyer's fee: California 25% or 33%.
A medical malpractice lawyer represents patients harmed by a doctor, nurse, hospital or other provider whose care fell below the accepted standard. These cases are hard and expensive: they need medical experts, often before the case can even start, and many states cap the damages. That is why most malpractice lawyers screen cases carefully and work on contingency.
This page answers what you need before you call: whether what happened can be malpractice, the deadline in your state, the steps required before suit, what the law caps, what the lawyer may charge, and how to get your records. It does not rank or recommend lawyers, and it is not a referral service.
Every state on one screen: the 50-state table. Hurt in another way: personal injury lawyer. Medical bills you can't pay: medical bills.
What counts as medical malpractice? The four things you must prove
A claim for medical negligence asks four questions. Did the provider owe you a duty of care (a doctor-patient relationship)? Did the care fall below the standard of care, what a reasonably careful provider in the same field would have done? Did that failure cause your injury? And did you suffer damages? A bad outcome is not enough: treatment can fail without anyone being negligent.
- Misdiagnosis or delayed diagnosis. A condition missed or found late, when a careful provider would have found it, and the delay made it worse.
- Surgical and procedure errors. Wrong site, an injured organ, an object left in the body. Some states give extra time to discover a foreign object (see the deadlines).
- Medication errors. The wrong drug or dose, or a dangerous interaction the provider should have caught.
- Birth injuries. Injuries to the mother or baby from a failure to monitor or to act in time. A minor's claim often has its own, longer deadline.
- No informed consent. A risk the provider should have explained, which you would have refused had you known.
How often patients win. In a national survey of civil trials in state courts by the Bureau of Justice Statistics (2005), plaintiffs won 23% of medical malpractice trials, the lowest of the common injury cases; the median award to those who won was $400,000. Most claims never reach trial.
Quick guide
Could it be malpractice? Which part of this page applies
1. What happened?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
Before you can sue: expert certificates, notice and review panels
Most states require proof up front that a qualified expert supports the claim: an affidavit or certificate of merit filed with the complaint or within weeks of it, or a review panel that looks at the claim before any lawsuit. Some also require written notice to each provider weeks or months before you file, and the notice can affect the deadline. Missing these steps can end the case. Each state's rule is in the table below.
Watch out. These steps take time: a lawyer needs the records and an expert before filing. Start well before your deadline.
Medical malpractice deadline, damages cap and steps before suit, in all 50 states and D.C.
The deadline to sue a doctor or hospital, the cap on damages, and what must be filed or done before or with the lawsuit, as each state's own law states them. A minor's claim and claims against a public hospital can follow other rules.
| State | Deadline to sue | Damages cap | Before you sue | Law |
|---|---|---|---|---|
| Alabama | 2 years from the act or omission; if not discoverable in that time, 6 months from discovery, whichever is earlier; never more than 4 years after the act | Not checked for this page | No expert filing found: the complaint must describe each act in detail | Ala. Code § 6-5-482(a), (b) · Ala. Code § 6-5-551 |
| Alaska | Not checked for this page | Not checked for this page | Not checked for this page | Not checked for this page |
| Arizona | 2 years after the cause of action accrues | No cap: the state constitution bars a limit on damages for injury or death | Expert affidavit or certificate: a written statement with the complaint on whether expert testimony is needed, then a preliminary expert opinion affidavit | A.R.S. § 12-542(1) · Ariz. Const. art. 2, § 31 · A.R.S. § 12-2603 |
| Arkansas | Not checked for this page | No cap: the state constitution bars a limit on damages for injury or death | Not checked for this page | Ark. Const. art. 5, § 32 |
| California | 3 years after the date of injury or 1 year after the plaintiff discovers (or should have discovered) the injury, whichever occurs first | Non-economic: $470,000 in 2026 by the statute's steps ($350,000 in 2023, plus $40,000 each January 1 until $750,000); wrongful death $650,000 ($500,000 plus $50,000 a year until $1,000,000). Each applies separately to providers, institutions and unaffiliated providers | No expert filing found: notice of intent to sue at least 90 days before filing; notice served in the last 90 days extends the deadline 90 days | Cal. Code Civ. Proc. § 340.5 · Cal. Civ. Code § 3333.2(b), (c) · Cal. Code Civ. Proc. § 364(a), (d) |
| Colorado | Not checked for this page | Non-economic: $530,000 for acts in 2026 (rising each year to $875,000 in 2029); wrongful death non-economic $810,000 | Expert affidavit or certificate: a certificate of review within 60 days after the complaint is served | C.R.S. § 13-64-302 (HB 24-1472) · C.R.S. § 13-20-602 |
| Connecticut | 2 years from the date the injury is first sustained or discovered (or should have been discovered); never more than 3 years after the act or omission | No cap in the code | Expert affidavit or certificate: a good-faith certificate with the complaint, with a similar provider's written opinion | Conn. Gen. Stat. § 52-584 · Conn. Gen. Stat. ch. 925, 926 · Conn. Gen. Stat. § 52-190a |
| Delaware | 2 years from the date the injury occurred; if the injury was unknown and could not have been discovered within 2 years, up to 3 years from the injury | No cap in the medical malpractice act | Expert affidavit or certificate: an affidavit of merit from a qualified expert for each defendant, with the complaint | 18 Del. C. § 6856, (1), (4) · 18 Del. C. ch. 68 · 18 Del. C. § 6853 |
| District of Columbia | 3 years from the time the right to maintain the action accrues (residual period; the code has no section specific to medical malpractice) | No cap in the code | No expert filing found: written notice at least 90 days before filing; mediation after filing | D.C. Code § 12-301(a)(8); § 16-2803 (90-day extension) · D.C. Code title 16, ch. 28 · D.C. Code § 16-2802 |
| Florida | 2 years from the incident or from when it is discovered (or should have been discovered); never more than 4 years after the incident (7 years where fraud or concealment prevented discovery) | Cap struck down: the Florida Supreme Court held the non-economic caps of § 766.118 unconstitutional (Estate of McCall, 2014, wrongful death; North Broward Hospital District v. Kalitan, 2017, injury), though the code still prints them | Expert affidavit or certificate: notice of intent to each provider with a verified expert opinion, then no suit for 90 days | Fla. Stat. § 95.11(5)(c) (2026) · Fla. Stat. § 766.118 · Kalitan, SC15-1858 (2017) · Fla. Stat. §§ 766.106, 766.203 |
| Georgia | Not checked for this page | Not checked for this page | Not checked for this page | Not checked for this page |
| Hawaii | 2 years after the plaintiff discovers (or should have discovered) the injury; never more than 6 years after the act or omission (the 6 years is tolled while the provider fails to disclose a known act, error or omission) | Not checked for this page | Review panel first: the claim goes first to the medical claim conciliation panel, with a certificate of consultation | Haw. Rev. Stat. § 657-7.3 · Haw. Rev. Stat. §§ 671-12(a), 671-12.5(a) |
| Idaho | Not checked for this page | Not checked for this page | Not checked for this page | Not checked for this page |
| Illinois | 2 years after the claimant knew, or should have known, of the injury | Cap struck down: Lebron v. Gottlieb Memorial Hospital (Ill. 2010) held the non-economic cap unconstitutional | Expert affidavit or certificate: an affidavit and a health professional's written report attached to the complaint | 735 ILCS 5/13-212(a) · 735 ILCS 5/2-1706.5 · Lebron (2010) · 735 ILCS 5/2-622 |
| Indiana | 2 years from the date of the alleged malpractice (occurrence) | Not checked for this page | Review panel first: a proposed complaint to the Department of Insurance and a medical review panel opinion first | Ind. Code § 34-18-7-1 · Ind. Code art. 34-18, chs. 8-10 |
| Iowa | 2 years after the claimant knew or should have known of (or got written notice of) the injury or death, whichever is first; never more than 6 years after the act unless a foreign object was left in the body | Non-economic: $250,000 per occurrence; $1,000,000 ($2,000,000 if a hospital is a defendant) for substantial or permanent loss of a bodily function, substantial disfigurement, loss of pregnancy or death; no cap for actual malice | Expert affidavit or certificate: a certificate of merit affidavit within 60 days of the defendant's answer | Iowa Code § 614.1(9)(a) · Iowa Code § 147.136A · Iowa Code § 147.140 |
| Kansas | 2 years from the act; if injury is not reasonably ascertainable until later, from when it becomes ascertainable; never more than 4 years after the act | Cap struck down: Hilburn v. Enerpipe Ltd. (Kan. 2019) held the non-economic cap unconstitutional, as the Revisor's annotation to the statute states | No expert filing found: a screening panel only if a party asks for one after filing | K.S.A. 60-513(a)(7), (c) · K.S.A. 60-19a02 · Hilburn (2019) · K.S.A. 65-4901 |
| Kentucky | 1 year from when the injury is first discovered or should have been discovered; never more than 5 years after the negligent act or omission | No cap: the state constitution bars a limit on damages for injury or death | Expert affidavit or certificate: a certificate of merit filed with the complaint | KRS 413.140(1)(e), (2) · Ky. Const. § 54 · KRS 411.167 |
| Louisiana | 1 year from the act, omission or neglect, or 1 year from its discovery; in all events within 3 years of the act | All damages: $500,000 plus interest and costs, not counting future medical care, for providers qualified under the act (the provider itself pays at most $100,000) | Review panel first: a medical review panel before suit against a provider covered by the act | La. R.S. 9:5628(A), (B) · La. R.S. 40:1231.2(B) · La. R.S. 40:1231.8 |
| Maine | 3 years from the act or omission (except a foreign object: from discovery) | No cap on injury damages in the health security act | Review panel first: a sworn notice of claim, then a prelitigation screening and mediation panel | 24 M.R.S. § 2902 · 24 M.R.S. ch. 21 · 24 M.R.S. §§ 2853, 2903 |
| Maryland | 5 years the earlier of 5 years from when the injury was committed or 3 years from when it was discovered | Non-economic: $920,000 for a cause of action arising in 2026 by the statute's steps ($650,000 for 2005 to 2008, plus $15,000 each January 1); 125% of that in a wrongful death case with two or more claimants | Expert affidavit or certificate: the claim is filed first with the Health Care Alternative Dispute Resolution Office, with an expert's certificate within 90 days | Md. Code, Cts. & Jud. Proc. § 5-109(a) · Md. Code, Cts. & Jud. Proc. § 3-2A-09(b) · Md. Code, Cts. & Jud. Proc. §§ 3-2A-04 |
| Massachusetts | Not checked for this page | Not checked for this page | Not checked for this page | Not checked for this page |
| Michigan | 2 years from the act or omission, or 6 months after the plaintiff discovers (or should have discovered) the claim, whichever is later; never more than 6 years after the act or omission | Non-economic: $280,000 base ($500,000 for the listed serious injuries), adjusted every year by the State Treasurer; the 2026 figure was not checked for this page | Expert affidavit or certificate: notice of intent at least 182 days before suit, and an affidavit of merit with the complaint | MCL 600.5805, 600.5838a(1), (2) · MCL 600.1483 · MCL 600.2912b, 600.2912d |
| Minnesota | 4 years from the date the cause of action accrued | No cap in the code | Expert affidavit or certificate: an affidavit of expert review served with the summons and complaint | Minn. Stat. § 541.076(b) · Minn. Stat. §§ 541.076, 145.682 · Minn. Stat. § 145.682 |
| Mississippi | 2 years from the date the act, omission or neglect was first known or, with reasonable diligence, might have been first known or discovered | Non-economic: $500,000 for suits filed on or after September 1, 2004 | No expert filing found: at least 60 days' written notice of intent to sue; the certificate of consultation was not checked | Miss. Code Ann. § 15-1-36(2) · Miss. Code Ann. § 11-1-60(2)(a) · Miss. Code Ann. § 15-1-36(15) |
| Missouri | 2 years from the date of the act of neglect; foreign-object and failure-to-report-test-results cases run 2 years from discovery; never more than 10 years after the act | Non-economic: $481,493 in 2026; $842,614 for a catastrophic injury or death (rising 1.7% each January 1) | Expert affidavit or certificate: an affidavit of a health care provider's written opinion, within 90 days after filing | Mo. Rev. Stat. § 516.105.1 · Mo. Rev. Stat. § 538.210 · Mo. Rev. Stat. § 538.225 |
| Montana | 2 years from the date of injury, or 2 years from discovery, whichever is later; never more than 5 years after the act | Non-economic: $350,000 from January 1, 2026 ($400,000 in 2027, $450,000 in 2028, $500,000 in 2029) | Review panel first: an application to the Montana Medical Legal Panel and its decision before suit | Mont. Code Ann. § 27-2-205(1) · Mont. Code Ann. § 25-9-411 · Mont. Code Ann. § 27-6-701 |
| Nebraska | 2 years from the act or omission; if not reasonably discoverable within those 2 years, 1 year from discovery; never more than 10 years after the act | All damages: $2,250,000 per occurrence after 2014, for providers qualified under the act | No expert filing found: a medical review panel the patient may waive | Neb. Rev. Stat. § 44-2828 · Neb. Rev. Stat. § 44-2825(1) · Neb. Rev. Stat. § 44-2801 |
| Nevada | 3 years from the date of injury or 2 years from discovery, whichever comes first (claims arising on or after October 1, 2023); 1 year from discovery for earlier injuries | Non-economic: $590,000 in 2026, as the Supreme Court of Nevada publishes it | Expert affidavit or certificate: an expert affidavit of merit with the complaint | Nev. Rev. Stat. § 41A.097(2)-(3) (as amended 2023) · NRS 41A.035 · NRS 41A.071 |
| New Hampshire | 3 years from the act or omission; or 3 years from discovery of the injury and its cause | Not checked for this page | Not checked for this page | N.H. Rev. Stat. Ann. § 508:4(I) |
| New Jersey | 2 years from accrual | Not checked for this page | Expert affidavit or certificate: an affidavit of merit within 60 days after the answer | N.J. Stat. Ann. § 2A:14-2 · N.J.S.A. 2A:53A-27 |
| New Mexico | 3 years from the date the act of malpractice occurred | All damages except medical care and punitive damages: $6,000,000 per occurrence for hospitals in 2026; $750,000 for independent providers, adjusted for inflation since 2023 (the current figure was not checked) | Review panel first: an application to the Medical Review Commission before suit against a qualifying provider | N.M. Stat. Ann. § 41-5-13 · NMSA § 41-5-6 · NMSA § 41-5-15 |
| New York | 2.5 years (2 years and 6 months, or 30 months) from the act or omission, or from the last treatment where treatment for the same condition continued | Not checked for this page | Expert affidavit or certificate: the attorney's certificate of merit with the complaint | N.Y. C.P.L.R. 214-a · CPLR 3012-a |
| North Carolina | 3 years from the last act of the defendant giving rise to the claim; never more than 4 years after the act | Non-economic: $712,847 from January 1, 2026, reset every third year | Expert affidavit or certificate: a certification in the complaint that an expert reviewed the care | N.C. Gen. Stat. § 1-15(c) · N.C. Gen. Stat. § 90-21.19(a) · N.C. R. Civ. P. 9(j) |
| North Dakota | 2 years from accrual; non-discovery cannot extend it beyond 6 years from the act or omission unless the physician or hospital's fraud prevented discovery | Non-economic: $500,000 | Expert affidavit or certificate: an expert opinion affidavit within 3 months after the action starts | N.D. Cent. Code § 28-01-18(3) · N.D. Cent. Code § 32-42-02 · N.D. Cent. Code § 28-01-46 |
| Ohio | 1 year from accrual; extended 180 days if a written notice letter is sent before the year runs; never more than 4 years after the act | Not checked for this page | Not checked for this page | Ohio Rev. Code § 2305.113(A), (B)(1), (C) |
| Oklahoma | 2 years from when the plaintiff knew or should have known of the death, injury or condition | Non-economic: $500,000 for bodily injuries on or after September 1, 2025, in any injury case; no limit for a permanent severe physical injury; $1,000,000 for a permanent mental injury that severely impairs work or daily life | Not checked for this page | Okla. Stat. tit. 76, § 18 · Okla. Stat. tit. 23, § 61.3 |
| Oregon | 2 years from when the injury is first discovered or should have been discovered | Cap struck down for injury claims: the Oregon Supreme Court held ORS 31.710(1) unconstitutional as applied to common-law injury claims (2020); wrongful death was not checked | Not checked for this page | Or. Rev. Stat. § 12.110(4) · ORS 31.710(1) |
| Pennsylvania | 2 years from accrual | No cap on compensatory damages in the MCARE Act; punitive damages against a physician are limited to 200% of compensatory damages | Expert affidavit or certificate: a certificate of merit with the complaint or within 60 days after filing | 42 Pa.C.S. § 5524(2); MCARE Act § 513 (40 P.S. § 1303.513) · MCARE Act § 505(d) · Pa. R.C.P. 1042.3 |
| Rhode Island | 3 years from the occurrence or reasonable discovery of the malpractice | Not checked for this page | Not checked for this page | R.I. Gen. Laws § 9-1-14.1 |
| South Carolina | 3 years from the treatment, omission or operation, or 3 years from discovery; never more than 6 years after the act | Non-economic: $350,000 base per provider and $1,050,000 in all, adjusted every year for inflation; the current figure was not checked for this page | Expert affidavit or certificate: a notice of intent to file suit with an expert affidavit, then mediation | S.C. Code Ann. § 15-3-545(A) · S.C. Code Ann. § 15-32-220 · S.C. Code Ann. §§ 15-79-125, 15-36-100 |
| South Dakota | 2 years from the date of the alleged malpractice (occurrence) | General (non-economic) damages: $500,000; no limit on special damages | Not checked for this page | S.D. Codified Laws § 15-2-14.1 · S.D. Codified Laws § 21-3-11 |
| Tennessee | 1 year from discovery of the injury; never more than 3 years after the act | Non-economic: $750,000 per injured person in any injury case; $1,000,000 for listed catastrophic injuries | Expert affidavit or certificate: written notice to each provider at least 60 days before filing, and a certificate of good faith with the complaint | Tenn. Code Ann. §§ 29-26-116(a)(1)-(3), 28-3-104(a)(1)(A) · Tenn. Code Ann. § 29-39-102 · Tenn. Code Ann. §§ 29-26-121, 29-26-122 |
| Texas | 2 years from the breach or tort, or from completion of the treatment or hospitalization at issue; never more than 10 years after the act | Non-economic: $250,000 per claimant against all doctors; another $250,000 per hospital or facility, $500,000 for all of them | Expert affidavit or certificate: notice by certified mail at least 60 days before suit, and an expert report within 120 days after each defendant's answer | Tex. Civ. Prac. & Rem. Code § 74.251(a), (b) · Tex. Civ. Prac. & Rem. Code § 74.301 · Tex. Civ. Prac. & Rem. Code §§ 74.051, 74.351 |
| Utah | 2 years from discovery of the injury; never more than 4 years after the act | Non-economic: $450,000 for causes of action arising on or after May 15, 2010 | Review panel first: notice of intent at least 90 days before suit, then a prelitigation review panel | Utah Code § 78B-3-404(1) · Utah Code § 78B-3-410(1)(d) · Utah Code §§ 78B-3-412, 78B-3-423 |
| Vermont | 3 years from the incident, or 2 years from discovery, whichever is later; never more than 7 years after the act | Not checked for this page | Expert affidavit or certificate: a certificate of merit filed with the complaint | 12 V.S.A. § 521 · 12 V.S.A. § 1042 |
| Virginia | 2 years from accrual (injury); extended 1 year from discovery for foreign objects, fraud or concealment, and certain failures to diagnose cancer | All damages: $2,750,000 for malpractice from July 1, 2026 through June 30, 2027 ($2.75 million; rising $50,000 each July 1 to $3 million) | Expert affidavit or certificate: asking for service certifies that you hold a qualified expert's written opinion | Va. Code Ann. § 8.01-243(A), (C) · Va. Code § 8.01-581.15 · Va. Code § 8.01-20.1 |
| Washington | 3 years from the act or omission, or 1 year from discovery, whichever is later | Cap struck down: Sofie v. Fibreboard (Wash. 1989) held the non-economic cap unconstitutional, as the Washington Court of Appeals describes it | No expert filing found: the notice and certificate-of-merit statutes were struck down (Putman, 2009; Waples, 2010) | Rev. Code Wash. § 4.16.350(3) · RCW 4.56.250 · RCW 7.70.150, 7.70.100(1) |
| West Virginia | 2 years from the medical injury, or 2 years from discovery, whichever is later; never more than 10 years after the act | Non-economic: $250,000 base per occurrence ($500,000 for wrongful death and listed permanent injuries), adjusted every year for inflation up to 150% of the base; the current figure was not checked for this page | Expert affidavit or certificate: notice of claim at least 30 days before filing, with a screening certificate of merit | W. Va. Code § 55-7B-4(a) · W. Va. Code § 55-7B-8 · W. Va. Code § 55-7B-6 |
| Wisconsin | Not checked for this page | Non-economic: $750,000 per occurrence | Not checked for this page | Wis. Stat. § 893.55(4)(d)1. |
| Wyoming | 2 years from the act, error or omission; or 2 years from discovery if not reasonably discoverable earlier; +6 months if discovered in the second year | No cap: the state constitution bars a limit on damages for injury or death | No expert filing found: none found in the law read (the review panel law was repealed in 2021) | Wyo. Stat. § 1-3-107(a)(i), (a)(iv) · Wyo. Const. art. 10, § 4(a) · Wyo. Stat. § 9-2-1513 |
Tip. Each row was read on November 1, 2026 from the state's code, its courts, or an agency that publishes the figure. Not checked for this page: deadline, Alaska, Arkansas, Colorado, Georgia, Idaho, Massachusetts, Wisconsin; cap, Alabama, Alaska, Georgia, Hawaii, Idaho, Indiana, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Rhode Island, Vermont; steps before suit, Alaska, Arkansas, Georgia, Idaho, Massachusetts, New Hampshire, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Wisconsin.
State map · 44 of 51 with a value
Your state's malpractice deadline, damages cap and steps before suit
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- Under 2 years4
- 2 years to under 3 years27
- 3 years to under 4 years11
- 4 years or more2
- Not checked7
See the table 51 rows
| State | Deadline to sue | Damages cap (2026) | Before you sue | Law |
|---|---|---|---|---|
| Alabama | 2 years | Not checked | No expert filing found | Ala. Code § 6-5-482(a), (b); Ala. Code § 6-5-551 |
| Alaska | Not checked | Not checked | Not checked | |
| Arizona | 2 years | No cap | Expert affidavit or certificate | A.R.S. § 12-542(1); Ariz. Const. art. 2, § 31; A.R.S. § 12-2603 |
| Arkansas | Not checked | No cap | Not checked | Ark. Const. art. 5, § 32 |
| California | 3 years | $470,000 | No expert filing found | Cal. Code Civ. Proc. § 340.5; Cal. Civ. Code § 3333.2(b), (c); Cal. Code Civ. Proc. § 364(a), (d) |
| Colorado | Not checked | $530,000 | Expert affidavit or certificate | C.R.S. § 13-64-302 (HB 24-1472); C.R.S. § 13-20-602 |
| Connecticut | 2 years | No cap | Expert affidavit or certificate | Conn. Gen. Stat. § 52-584; Conn. Gen. Stat. ch. 925, 926; Conn. Gen. Stat. § 52-190a |
| Delaware | 2 years | No cap | Expert affidavit or certificate | 18 Del. C. § 6856, (1), (4); 18 Del. C. ch. 68; 18 Del. C. § 6853 |
| District of Columbia | 3 years | No cap | No expert filing found | D.C. Code § 12-301(a)(8); § 16-2803 (90-day extension); D.C. Code title 16, ch. 28; D.C. Code § 16-2802 |
| Florida | 2 years | Cap struck down | Expert affidavit or certificate | Fla. Stat. § 95.11(5)(c) (2026); Fla. Stat. § 766.118 · Kalitan, SC15-1858 (2017); Fla. Stat. §§ 766.106, 766.203 |
| Georgia | Not checked | Not checked | Not checked | |
| Hawaii | 2 years | Not checked | Review panel first | Haw. Rev. Stat. § 657-7.3; Haw. Rev. Stat. §§ 671-12(a), 671-12.5(a) |
| Idaho | Not checked | Not checked | Not checked | |
| Illinois | 2 years | Cap struck down | Expert affidavit or certificate | 735 ILCS 5/13-212(a); 735 ILCS 5/2-1706.5 · Lebron (2010); 735 ILCS 5/2-622 |
| Indiana | 2 years | Not checked | Review panel first | Ind. Code § 34-18-7-1; Ind. Code art. 34-18, chs. 8-10 |
| Iowa | 2 years | $250,000 | Expert affidavit or certificate | Iowa Code § 614.1(9)(a); Iowa Code § 147.136A; Iowa Code § 147.140 |
| Kansas | 2 years | Cap struck down | No expert filing found | K.S.A. 60-513(a)(7), (c); K.S.A. 60-19a02 · Hilburn (2019); K.S.A. 65-4901 |
| Kentucky | 1 year | No cap | Expert affidavit or certificate | KRS 413.140(1)(e), (2); Ky. Const. § 54; KRS 411.167 |
| Louisiana | 1 year | $500,000 | Review panel first | La. R.S. 9:5628(A), (B); La. R.S. 40:1231.2(B); La. R.S. 40:1231.8 |
| Maine | 3 years | No cap | Review panel first | 24 M.R.S. § 2902; 24 M.R.S. ch. 21; 24 M.R.S. §§ 2853, 2903 |
| Maryland | 5 years | $920,000 | Expert affidavit or certificate | Md. Code, Cts. & Jud. Proc. § 5-109(a); Md. Code, Cts. & Jud. Proc. § 3-2A-09(b); Md. Code, Cts. & Jud. Proc. §§ 3-2A-04 |
| Massachusetts | Not checked | Not checked | Not checked | |
| Michigan | 2 years | Not checked | Expert affidavit or certificate | MCL 600.5805, 600.5838a(1), (2); MCL 600.2912b, 600.2912d |
| Minnesota | 4 years | No cap | Expert affidavit or certificate | Minn. Stat. § 541.076(b); Minn. Stat. §§ 541.076, 145.682; Minn. Stat. § 145.682 |
| Mississippi | 2 years | $500,000 | No expert filing found | Miss. Code Ann. § 15-1-36(2); Miss. Code Ann. § 11-1-60(2)(a); Miss. Code Ann. § 15-1-36(15) |
| Missouri | 2 years | $481,493 | Expert affidavit or certificate | Mo. Rev. Stat. § 516.105.1; Mo. Rev. Stat. § 538.210; Mo. Rev. Stat. § 538.225 |
| Montana | 2 years | $350,000 | Review panel first | Mont. Code Ann. § 27-2-205(1); Mont. Code Ann. § 25-9-411; Mont. Code Ann. § 27-6-701 |
| Nebraska | 2 years | $2,250,000 | No expert filing found | Neb. Rev. Stat. § 44-2828; Neb. Rev. Stat. § 44-2825(1); Neb. Rev. Stat. § 44-2801 |
| Nevada | 3 years | $590,000 | Expert affidavit or certificate | Nev. Rev. Stat. § 41A.097(2)-(3) (as amended 2023); NRS 41A.035; NRS 41A.071 |
| New Hampshire | 3 years | Not checked | Not checked | N.H. Rev. Stat. Ann. § 508:4(I) |
| New Jersey | 2 years | Not checked | Expert affidavit or certificate | N.J. Stat. Ann. § 2A:14-2; N.J.S.A. 2A:53A-27 |
| New Mexico | 3 years | $6,000,000 | Review panel first | N.M. Stat. Ann. § 41-5-13; NMSA § 41-5-6; NMSA § 41-5-15 |
| New York | 2.5 years | Not checked | Expert affidavit or certificate | N.Y. C.P.L.R. 214-a; CPLR 3012-a |
| North Carolina | 3 years | $712,847 | Expert affidavit or certificate | N.C. Gen. Stat. § 1-15(c); N.C. Gen. Stat. § 90-21.19(a); N.C. R. Civ. P. 9(j) |
| North Dakota | 2 years | $500,000 | Expert affidavit or certificate | N.D. Cent. Code § 28-01-18(3); N.D. Cent. Code § 32-42-02; N.D. Cent. Code § 28-01-46 |
| Ohio | 1 year | Not checked | Not checked | Ohio Rev. Code § 2305.113(A), (B)(1), (C) |
| Oklahoma | 2 years | $500,000 | Not checked | Okla. Stat. tit. 76, § 18; Okla. Stat. tit. 23, § 61.3 |
| Oregon | 2 years | Cap struck down | Not checked | Or. Rev. Stat. § 12.110(4); ORS 31.710(1) |
| Pennsylvania | 2 years | No cap | Expert affidavit or certificate | 42 Pa.C.S. § 5524(2); MCARE Act § 513 (40 P.S. § 1303.513); MCARE Act § 505(d); Pa. R.C.P. 1042.3 |
| Rhode Island | 3 years | Not checked | Not checked | R.I. Gen. Laws § 9-1-14.1 |
| South Carolina | 3 years | Not checked | Expert affidavit or certificate | S.C. Code Ann. § 15-3-545(A); S.C. Code Ann. §§ 15-79-125, 15-36-100 |
| South Dakota | 2 years | $500,000 | Not checked | S.D. Codified Laws § 15-2-14.1; S.D. Codified Laws § 21-3-11 |
| Tennessee | 1 year | $750,000 | Expert affidavit or certificate | Tenn. Code Ann. §§ 29-26-116(a)(1)-(3), 28-3-104(a)(1)(A); Tenn. Code Ann. § 29-39-102; Tenn. Code Ann. §§ 29-26-121, 29-26-122 |
| Texas | 2 years | $250,000 | Expert affidavit or certificate | Tex. Civ. Prac. & Rem. Code § 74.251(a), (b); Tex. Civ. Prac. & Rem. Code § 74.301; Tex. Civ. Prac. & Rem. Code §§ 74.051, 74.351 |
| Utah | 2 years | $450,000 | Review panel first | Utah Code § 78B-3-404(1); Utah Code § 78B-3-410(1)(d); Utah Code §§ 78B-3-412, 78B-3-423 |
| Vermont | 3 years | Not checked | Expert affidavit or certificate | 12 V.S.A. § 521; 12 V.S.A. § 1042 |
| Virginia | 2 years | $2,750,000 | Expert affidavit or certificate | Va. Code Ann. § 8.01-243(A), (C); Va. Code § 8.01-581.15; Va. Code § 8.01-20.1 |
| Washington | 3 years | Cap struck down | No expert filing found | Rev. Code Wash. § 4.16.350(3); RCW 4.56.250; RCW 7.70.150, 7.70.100(1) |
| West Virginia | 2 years | Not checked | Expert affidavit or certificate | W. Va. Code § 55-7B-4(a); W. Va. Code § 55-7B-6 |
| Wisconsin | Not checked | $750,000 | Not checked | Wis. Stat. § 893.55(4)(d)1. |
| Wyoming | 2 years | No cap | No expert filing found | Wyo. Stat. § 1-3-107(a)(i), (a)(iv); Wyo. Const. art. 10, § 4(a); Wyo. Stat. § 9-2-1513 |
Each state's value is the one its row of this page's table states, with the law it cites. Nothing you tap is saved or sent. Not legal advice.
Medical malpractice damages caps: what the law limits
A cap limits what a jury's award can be. Most caps cover only non-economic damages (pain and suffering), so medical bills and lost wages are still paid in full; a few states cap all damages. Several state supreme courts have struck caps down, even where the code still prints them. Many caps change by date: California, Maryland and Virginia raise theirs by a set amount each year, Missouri by 1.7% a year, and Colorado and Montana on a schedule written into the statute. The figure that applies depends on the date of the act, the filing or the judgment, as each statute says.
Tip. The calculator below shows only what the cap would cut from an amount you type. It does not predict an award.
Wrongful death caps outside medical cases, who may file for the family and the deadline are on Do I need a wrongful death lawyer?.
Calculator
What would the cap cut? Test an amount
1. Which kind of cap?
2. Which state?
Fill in the steps to see the answer.
Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
How much does a medical malpractice lawyer take? The states that set the limit
Malpractice lawyers usually work on a contingency fee: a percentage of the recovery, nothing if you lose. Because these cases are expensive, the costs (experts, records, depositions) matter as much as the percentage: ask who pays them if you lose. Several states set the most the lawyer may take.
| Where | The most the lawyer may take | On $100,000 / $500,000 / $1,000,000 | Law |
|---|---|---|---|
| California | 25% if settled before a complaint is filed; 33% after | $25,000 / $125,000 / $250,000 before filing; $33,000 / $165,000 / $330,000 after | Cal. Bus. & Prof. Code § 6146(a) |
| New York | 30% of the first $250,000; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; 10% above $1,250,000 | $30,000 / $137,500 / $237,500 | N.Y. Judiciary Law § 474-a(2) |
| Florida | You keep at least 70% of the first $250,000 and 90% above it, not counting reasonable costs | $30,000 / $100,000 / $150,000 | Fla. Const. art. I, § 26 |
| Connecticut | 33⅓% of the first $300,000, then 25%, 20%, 15% and 10% above $1,200,000 (all injury cases) | $33,333.33 / $150,000 / $250,000 | Conn. Gen. Stat. § 52-251c(b) |
| Delaware | 35% of the first $100,000; 25% of the next $100,000; 10% of the rest | $35,000 / $90,000 / $140,000 | 18 Del. C. § 6865 |
| Maine | 33⅓% of the first $100,000; 25% of the next $100,000; 20% above $200,000 | $33,333.33 / $118,333.33 / $218,333.33 | 24 M.R.S. § 2961(1) |
| Tennessee | Set by the court, at most 33⅓% | $33,333.33 / $166,666.67 / $333,333.33 | Tenn. Code Ann. § 29-26-120 |
| Utah | At most 33⅓% | $33,333.33 / $166,666.67 / $333,333.33 | Utah Code § 78B-3-411 |
| A federal provider (FTCA) | 20% of an agency settlement; 25% after a lawsuit | $20,000 / $100,000 / $200,000 for an agency settlement | 28 U.S.C. § 2678 |
The amounts are the maximum fee on each sum, for comparison. New York computes the fee on the net sum after expenses, and a court may allow more in extraordinary cases. Every other limit in personal injury cases, and the federal one: personal injury lawyer fees.
Get your medical records: your right under HIPAA
Your records are the start of any malpractice claim, and you have a federal right to them. A provider must act on your request no later than 30 days after receiving it, and may extend that once, by no more than 30 days, with a written reason. It may charge only a reasonable, cost-based fee: the labor for copying, supplies and postage. It may ask you to make the request in writing.
- Ask for the whole record. Office notes, test results and images, nursing notes, medication records, and the billing records, which are part of the record you can get.45 C.F.R. § 164.524
- For someone else. A parent for a minor child, or the executor of a deceased patient's estate, can ask as their personal representative.45 C.F.R. § 164.524
Letter generator · 2 kinds of request
Ask for your medical records (HIPAA)
From the HIPAA right of access, 45 C.F.R. § 164.524 · checked Nov 1, 2026
Who is asking?
You are the patient's
How you want the copy
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
A VA hospital or other federal provider: a claim to the agency first
Care by a federal provider, such as a VA hospital, is a claim against the United States under the Federal Tort Claims Act. Present a written claim to the agency, usually on Standard Form 95, within 2 years. If the agency denies it or does not decide within 6 months, you can sue; after a denial, within 6 months. The lawyer may take at most 20% of an agency settlement and 25% after a lawsuit (28 U.S.C. §§ 2401(b), 2675(a), 2678).
Do you need a medical malpractice lawyer? How to choose and check one
Almost always, yes: the expert requirements, the steps before suit and the cost of experts make these cases very hard without a lawyer, and many lawyers will not take a case unless the injury is serious. If one lawyer declines, ask why, and ask about the deadline; another may see it differently. Check the lawyer's license and record in your state before you sign (the 50-state list).
- Your records, or the request you sent for them.
- A timeline: each visit, what you were told, and when symptoms started or changed.
- The names of every provider and facility, and your insurance.
- Bills, and proof of the work you missed.
- Any letter from the provider or hospital, and anything you signed.
Checklist
Ready to talk to a malpractice lawyer?
Tick each point as you get it ready.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Common questions about medical malpractice
What is considered medical malpractice?
Care that falls below the accepted standard of care for the provider's field and causes injury. Common claims involve a missed or late diagnosis, surgical errors, medication errors, birth injuries and a failure to get informed consent. A poor result alone is not malpractice.
What four things must be proven in a medical malpractice case?
A duty of care, a breach of the standard of care, causation (the breach caused the injury), and damages. An expert usually has to explain the standard of care and the breach.
How hard is it to prove medical malpractice?
Hard: you need a qualified expert, and in most states that expert must back the claim before or soon after you file. In the 2005 national survey of state civil trials, plaintiffs won 23% of medical malpractice trials.
How long do I have to file a medical malpractice claim?
Usually 2 or 3 years; 1 year in Kentucky, Louisiana, Ohio and Tennessee. Many states count from when you discovered the injury, with an outer limit. Notice and expert steps take time, so start early. Your state.
How much does a malpractice lawyer take?
A contingency fee set in writing. Some states cap it: California 25% before a complaint is filed and 33% after; New York and Florida sliding scales; Tennessee and Utah one-third; federal claims 20% or 25%. All the limits.
What is the average settlement for medical malpractice?
No official source publishes an average settlement. The Bureau of Justice Statistics found a median award of $400,000 to plaintiffs who won a malpractice trial in state courts in 2005. Caps in many states limit non-economic damages; see the caps.
What are the odds of winning a medical malpractice lawsuit?
Plaintiffs won 23% of malpractice trials in the 2005 national survey of state courts. Most claims settle or are dropped before trial, often depending on what the expert review finds.
Is it worth suing for medical malpractice?
It depends on the injury, the proof and your state's cap. Expert costs are high, so lawyers look for serious, lasting harm with clear proof. A consultation is usually free; ask what the expert review would cost and who pays it.
Can I sue a VA hospital for malpractice?
Yes, under the Federal Tort Claims Act: file a written claim with the agency (Standard Form 95) within 2 years, then sue if it is denied or not decided in 6 months.
Is a medical malpractice settlement taxable?
Not the damages for a personal physical injury or physical sickness, except punitive damages (26 U.S.C. § 104(a)(2)).
Official sources
- Alabama: Ala. Code § 6-5-482(a), (b), deadline to sue for medical malpractice alison.legislature.state.al.us
- Alabama: Ala. Code § 6-5-551, steps before a malpractice suit alison.legislature.state.al.us
- Arizona: A.R.S. § 12-542(1), deadline to sue for medical malpractice azleg.gov
- Arizona: Ariz. Const. art. 2, § 31, damages cap in medical malpractice azleg.gov
- Arizona: A.R.S. § 12-2603, steps before a malpractice suit azleg.gov
- Arkansas: Ark. Const. art. 5, § 32, damages cap in medical malpractice sos.arkansas.gov
- California: Cal. Code Civ. Proc. § 340.5, deadline to sue for medical malpractice leginfo.legislature.ca.gov
- California: Cal. Civ. Code § 3333.2(b), (c), damages cap in medical malpractice leginfo.legislature.ca.gov
- California: Cal. Code Civ. Proc. § 364(a), (d), steps before a malpractice suit www4.courts.ca.gov
- Colorado: C.R.S. § 13-64-302 (HB 24-1472), damages cap in medical malpractice leg.colorado.gov
- Colorado: C.R.S. § 13-20-602, steps before a malpractice suit coloradojudicial.gov
- Connecticut: Conn. Gen. Stat. § 52-584, deadline to sue for medical malpractice cga.ct.gov
- Connecticut: Conn. Gen. Stat. ch. 925, 926, damages cap in medical malpractice cga.ct.gov
- Connecticut: Conn. Gen. Stat. § 52-190a, steps before a malpractice suit cga.ct.gov
- Delaware: 18 Del. C. § 6856, (1), (4), deadline to sue for medical malpractice delcode.delaware.gov
- Delaware: 18 Del. C. ch. 68, damages cap in medical malpractice delcode.delaware.gov
- District of Columbia: D.C. Code § 12-301(a)(8); § 16-2803 (90-day extension), deadline to sue for medical malpractice code.dccouncil.gov
- District of Columbia: D.C. Code title 16, ch. 28, damages cap in medical malpractice code.dccouncil.gov
- District of Columbia: D.C. Code § 16-2802, steps before a malpractice suit code.dccouncil.gov
- Florida: Fla. Stat. § 95.11(5)(c) (2026), deadline to sue for medical malpractice flsenate.gov
- Florida: Fla. Stat. § 766.118 · Kalitan, SC15-1858 (2017), damages cap in medical malpractice supremecourt.flcourts.gov
- Florida Supreme Court: Estate of McCall v. United States (2014) supremecourt.flcourts.gov
- Florida: Fla. Stat. §§ 766.106, 766.203, steps before a malpractice suit flsenate.gov
- Hawaii: Haw. Rev. Stat. § 657-7.3, deadline to sue for medical malpractice files.hawaii.gov
- Illinois: 735 ILCS 5/13-212(a), deadline to sue for medical malpractice illinoiscourts.gov
- Illinois: 735 ILCS 5/2-1706.5 · Lebron (2010), damages cap in medical malpractice illinoiscourts.gov
- Illinois: 735 ILCS 5/2-622, steps before a malpractice suit illinoiscourts.gov
- Indiana: Ind. Code § 34-18-7-1, deadline to sue for medical malpractice in.gov
- Iowa: Iowa Code § 614.1(9)(a), deadline to sue for medical malpractice legis.iowa.gov
- Iowa: Iowa Code § 147.136A, damages cap in medical malpractice legis.iowa.gov
- Iowa: Iowa Code § 147.140, steps before a malpractice suit legis.iowa.gov
- Kansas: K.S.A. 60-513(a)(7), (c), deadline to sue for medical malpractice ksrevisor.gov
- Kansas: K.S.A. 60-19a02 · Hilburn (2019), damages cap in medical malpractice ksrevisor.gov
- Kansas: K.S.A. 65-4901, steps before a malpractice suit ksrevisor.gov
- Kentucky: KRS 413.140(1)(e), (2), deadline to sue for medical malpractice apps.legislature.ky.gov
- Kentucky: Ky. Const. § 54, damages cap in medical malpractice apps.legislature.ky.gov
- Kentucky: KRS 411.167, steps before a malpractice suit apps.legislature.ky.gov
- Louisiana: La. R.S. 9:5628(A), (B), deadline to sue for medical malpractice legis.la.gov
- Louisiana: La. R.S. 40:1231.2(B), damages cap in medical malpractice legis.la.gov
- Louisiana: La. R.S. 40:1231.8, steps before a malpractice suit legis.la.gov
- Maine: 24 M.R.S. § 2902, deadline to sue for medical malpractice legislature.maine.gov
- Maine: 24 M.R.S. ch. 21, damages cap in medical malpractice legislature.maine.gov
- Maine: 24 M.R.S. §§ 2853, 2903, steps before a malpractice suit legislature.maine.gov
- Maryland: Md. Code, Cts. & Jud. Proc. § 5-109(a), deadline to sue for medical malpractice mgaleg.maryland.gov
- Maryland: Md. Code, Cts. & Jud. Proc. § 3-2A-09(b), damages cap in medical malpractice mgaleg.maryland.gov
- Maryland: Md. Code, Cts. & Jud. Proc. §§ 3-2A-04, steps before a malpractice suit mgaleg.maryland.gov
- Michigan: MCL 600.5805, 600.5838a(1), (2), deadline to sue for medical malpractice courts.michigan.gov
- Michigan: MCL 600.1483, damages cap in medical malpractice courts.michigan.gov
- Minnesota: Minn. Stat. § 541.076(b), deadline to sue for medical malpractice revisor.mn.gov
- Minnesota: Minn. Stat. §§ 541.076, 145.682, damages cap in medical malpractice revisor.mn.gov
- Mississippi: Miss. Code Ann. § 15-1-36(2), deadline to sue for medical malpractice courts.ms.gov
- Mississippi: Miss. Code Ann. § 11-1-60(2)(a), damages cap in medical malpractice courts.ms.gov
- Missouri: Mo. Rev. Stat. § 516.105.1, deadline to sue for medical malpractice revisor.mo.gov
- Missouri: Mo. Rev. Stat. § 538.210, damages cap in medical malpractice revisor.mo.gov
- Missouri: Mo. Rev. Stat. § 538.225, steps before a malpractice suit revisor.mo.gov
- Montana: Mont. Code Ann. § 27-2-205(1), deadline to sue for medical malpractice mca.legmt.gov
- Montana: Mont. Code Ann. § 25-9-411, damages cap in medical malpractice mca.legmt.gov
- Montana: Mont. Code Ann. § 27-6-701, steps before a malpractice suit mca.legmt.gov
- Nebraska: Neb. Rev. Stat. § 44-2828, deadline to sue for medical malpractice nebraska.gov
- Nebraska: Neb. Rev. Stat. § 44-2825(1), damages cap in medical malpractice doi.nebraska.gov
- Nevada: Nev. Rev. Stat. § 41A.097(2)-(3) (as amended 2023), deadline to sue for medical malpractice nvcourts.gov
- Nevada: NRS 41A.035, damages cap in medical malpractice nvcourts.gov
- New Hampshire: N.H. Rev. Stat. Ann. § 508:4(I), deadline to sue for medical malpractice govinfo.gov
- New Jersey: N.J. Stat. Ann. § 2A:14-2, deadline to sue for medical malpractice govinfo.gov
- New Mexico: N.M. Stat. Ann. § 41-5-13, deadline to sue for medical malpractice nmonesource.com
- New York: N.Y. C.P.L.R. 214-a, deadline to sue for medical malpractice nysenate.gov
- New York: CPLR 3012-a, steps before a malpractice suit nysenate.gov
- North Carolina: N.C. Gen. Stat. § 1-15(c), deadline to sue for medical malpractice govinfo.gov
- North Carolina: N.C. Gen. Stat. § 90-21.19(a), damages cap in medical malpractice osbm.nc.gov
- North Carolina: N.C. R. Civ. P. 9(j), steps before a malpractice suit govinfo.gov
- North Dakota: N.D. Cent. Code § 28-01-18(3), deadline to sue for medical malpractice ndlegis.gov
- North Dakota: N.D. Cent. Code § 32-42-02, damages cap in medical malpractice ndlegis.gov
- Ohio: Ohio Rev. Code § 2305.113(A), (B)(1), (C), deadline to sue for medical malpractice govinfo.gov
- Oklahoma: Okla. Stat. tit. 76, § 18, deadline to sue for medical malpractice oklegislature.gov
- Oklahoma: Okla. Stat. tit. 23, § 61.3, damages cap in medical malpractice oklegislature.gov
- Oregon: Or. Rev. Stat. § 12.110(4), deadline to sue for medical malpractice govinfo.gov
- Oregon: ORS 31.710(1), damages cap in medical malpractice govinfo.gov
- Oregon Supreme Court: media release, ORS 31.710(1) held unconstitutional as applied (2020) courts.oregon.gov
- Pennsylvania: 42 Pa.C.S. § 5524(2); MCARE Act § 513 (40 P.S. § 1303.513), deadline to sue for medical malpractice palegis.us
- Pennsylvania: MCARE Act § 505(d), damages cap in medical malpractice palegis.us
- Pennsylvania: Pa. R.C.P. 1042.3, steps before a malpractice suit pacodeandbulletin.gov
- Rhode Island: R.I. Gen. Laws § 9-1-14.1, deadline to sue for medical malpractice courts.ri.gov
- South Carolina: S.C. Code Ann. § 15-3-545(A), deadline to sue for medical malpractice scstatehouse.gov
- South Carolina: S.C. Code Ann. § 15-32-220, damages cap in medical malpractice scstatehouse.gov
- South Carolina: S.C. Code Ann. §§ 15-79-125, 15-36-100, steps before a malpractice suit scstatehouse.gov
- South Dakota: S.D. Codified Laws § 15-2-14.1, deadline to sue for medical malpractice sdlegislature.gov
- South Dakota: S.D. Codified Laws § 21-3-11, damages cap in medical malpractice sdlegislature.gov
- Tennessee: Tenn. Code Ann. §§ 29-26-116(a)(1)-(3), 28-3-104(a)(1)(A), deadline to sue for medical malpractice govinfo.gov
- Tennessee: Tenn. Code Ann. § 29-39-102, damages cap in medical malpractice govinfo.gov
- Texas: Tex. Civ. Prac. & Rem. Code § 74.251(a), (b), deadline to sue for medical malpractice tcss.legis.texas.gov
- Utah: Utah Code § 78B-3-404(1), deadline to sue for medical malpractice le.utah.gov
- Utah: Utah Code § 78B-3-410(1)(d), damages cap in medical malpractice le.utah.gov
- Utah: Utah Code §§ 78B-3-412, 78B-3-423, steps before a malpractice suit le.utah.gov
- Vermont: 12 V.S.A. § 521, deadline to sue for medical malpractice legislature.vermont.gov
- Vermont: 12 V.S.A. § 1042, steps before a malpractice suit legislature.vermont.gov
- Virginia: Va. Code Ann. § 8.01-243(A), (C), deadline to sue for medical malpractice law.lis.virginia.gov
- Virginia: Va. Code § 8.01-581.15, damages cap in medical malpractice law.lis.virginia.gov
- Virginia: Va. Code § 8.01-20.1, steps before a malpractice suit law.lis.virginia.gov
- Washington: Rev. Code Wash. § 4.16.350(3), deadline to sue for medical malpractice courts.wa.gov
- Washington: RCW 4.56.250, damages cap in medical malpractice courts.wa.gov
- Washington: RCW 7.70.150, 7.70.100(1), steps before a malpractice suit courts.wa.gov
- West Virginia: W. Va. Code § 55-7B-4(a), deadline to sue for medical malpractice wvlegislature.gov
- West Virginia: W. Va. Code § 55-7B-6, steps before a malpractice suit wvlegislature.gov
- Wisconsin: Wis. Stat. § 893.55(4)(d)1., damages cap in medical malpractice govinfo.gov
- Wyoming: Wyo. Stat. § 1-3-107(a)(i), (a)(iv), deadline to sue for medical malpractice wyoleg.gov
- Wyoming: Wyo. Const. art. 10, § 4(a), damages cap in medical malpractice wyoleg.gov
- Wyoming: Wyo. Stat. § 9-2-1513, steps before a malpractice suit wyoleg.gov
- California: Cal. Bus. & Prof. Code § 6146(a)(1)-(3) (as amended by AB 35, effective January 1, 2023), limit on contingency fees in malpractice cases leginfo.legislature.ca.gov
- New York: N.Y. Judiciary Law § 474-a(2), limit on contingency fees in malpractice cases nysenate.gov
- Florida: Fla. Const. art. I, § 26, limit on contingency fees in malpractice cases flsenate.gov
- Maine: 24 M.R.S. § 2961(1), (3), limit on contingency fees in malpractice cases legislature.maine.gov
- Tennessee: Tenn. Code Ann. § 29-26-120, limit on contingency fees in malpractice cases govinfo.gov
- Utah: Utah Code § 78B-3-411, limit on contingency fees in malpractice cases le.utah.gov
- Connecticut General Statutes § 52-251c: limits on contingency fees in injury cases cga.ct.gov
- 28 U.S.C. § 2678: attorney fees in claims against the United States govinfo.gov
- 28 U.S.C. § 2401(b): 2 years to present a tort claim to the federal agency govinfo.gov
- 28 U.S.C. § 2675(a): the claim to the agency comes first; 6 months govinfo.gov
- GSA: Standard Form 95, Claim for Damage, Injury, or Death gsa.gov
- 45 C.F.R. § 164.524: your right to see and get a copy of your health records (30 days; cost-based fee) ecfr.gov
- Bureau of Justice Statistics: Civil Bench and Jury Trials in State Courts, 2005 (NCJ 223851) bjs.ojp.gov
- 26 U.S.C. § 104(a)(2): damages for personal physical injuries are not income govinfo.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.