Medical malpractice laws enable victims of negligence to pursue compensation from a medical professional or healthcare provider if they suffer injury due to malpractice or negligence.
Medical malpractice laws can vary significantly from state to state, which can affect the rights of the patient. This includes how much compensation they might qualify for, and how long they have to start a claim before the statute of limitations comes into effect.
It’s important for medical practitioners, patients, and legal professionals to be aware of the laws in their state so they know their rights and obligations. Here, we’ll provide a basic overview of medical malpractice laws and what they address. This does not aim to be a comprehensive guide to medical malpractice limits by state, but it may help readers understand what questions to ask before starting a claim against a medical professional.
Key Points
- Medical malpractice laws enable victims of negligence to pursue compensation from medical professionals for injuries.
- The victim must prove the medical professional had a duty of care to them and failed to uphold it, causing the injury.
- There are time limits for starting a compensation claim, and these vary by state.
- The level of compensation a medical malpractice victim may be eligible for also varies by state.
Understanding General Medical Malpractice Laws
Medical malpractice laws provide a legal framework for patients to seek compensation for injuries caused by their healthcare provider’s negligence. While the exact details of these laws vary between states, a patient generally has a chance to recover damages if they can establish:
- That the medical professional owed a duty of care to them.
- The standard of care provided by the medical professional violated that duty of care.
- This resulted in the patient suffering a compensable injury.[1]
These cases may result in an award for economic damages, noneconomic damages, and, in some severe cases, punitive damages, but the medical malpractice damage caps vary by state. Most states have a cap on the amount of money a plaintiff might qualify for on at least one damage type. However, some states do not have a damage award limit.[1]
In addition, the qualifying criteria for punitive damages can vary significantly, with some states requiring a finding of malicious intent or willful misconduct for a case to qualify for punitive damages.[1]
Being aware of the medical malpractice statute of limitations by state and the rules about the type and amount of compensation a patient can claim is helpful for attorneys considering helping a client apply for pre-settlement funding.
Medical Malpractice Statute of Limitations by State
When considering the statute of limitations by state, medical malpractice rules vary significantly. For example, Kentucky and Louisiana have a statute of limitations of just one year for medical malpractice cases, while Maryland has a limit of five years from the date of injury or three years from when the patient discovered the injury.[2]
The statute of limitations outlines the length of time a person has to start a case rather than how long they have to complete it. The court process can take a long time, and client litigation funding can be a lifeline for individuals who have experienced a loss of earnings or significant medical bills as a result of their injury.
In most states, the timer for the statute of limitations starts from the date of injury, while in some states it starts from the date the patient discovered the injury.[2] However, the discovery rule—which many states have adopted—helps prevent doctors from escaping liability if they misdiagnose a condition or fail to remove a sponge during surgery, and the patient doesn’t learn of these issues until much later.[3]
Medical Malpractice Damage Caps and Compensation Limits by State
Just as different states set their own statutes of limitations, medical malpractice caps vary by state. These limits can vary from as low as $100,000 for wrongful death to unlimited amounts for punitive damages.[1] At the time of writing, in Arkansas, there were no limitations on compensation, while in California, there was a $250,000 limit for noneconomic damages.[1] Courts do review these limitations, so it’s important to stay up to date with any changes to legislation.
It’s useful to have a good understanding of the maximum limits that a court can award and the usual awards for similar cases. For example, New York physicians and medical facilities have some of the highest payouts in the country, having paid out $434 million in liabilities in 2022.[4] Two individuals with similar injuries may see different compensation awards based on the jurisdiction in which they bring the case.[4]
Because of how pre-settlement funding works, state caps will impact how much medical malpractice pre-settlement funding a person can receive.
How USClaims Can Help Your Clients with Medical Malpractice Cases
USClaims offers pre-settlement funding to support patients going through lengthy medical malpractice litigation. We work with law firms and offer pre-settlement funding to individuals who have a qualifying case and are being represented by their lawyers on a contingency basis. Explore our attorney testimonials to see how USClaims has helped medical malpractice victims bridge the gap while waiting for their cases to resolve.
Our pre-settlement funding is a cash advance on the expected award. The plaintiff does not have to pay any upfront application fees or make any repayments while they’re waiting for the case to conclude. They only pay back the cash advance and interest once the case concludes. If they do not win the case, there’s nothing to repay.
At USClaims, we understand that those awaiting settlement in medical malpractice claims can be under a lot of financial pressure. That’s why we make the application process simple. Individuals can apply to us directly, but we’ll work closely with their legal representatives to make the claim process as smooth as possible. In many cases we can pay out pre-settlement funding within just one business day of approving the claim.
To learn more about how USClaims can support your clients while you fight for a fair settlement, contact us today.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
Sources
- “Medical Liability/Medical Malpractice Laws.” National Conference of State Legislature (NCSL), www.ncsl.org/financial-services/medical-liability-medical-malpractice-laws. 22 May 2024.
- “Medical Malpractice Statute of Limitations by State.” Kenneth M. Sigelman & Associates, sigelmanassociates.com/medical-malpractice-statute-of-limitations-by-state. 16 Jan 2024.
- “Statutes of Limitations and the Discovery Rule in Medical Malpractice Lawsuits.” Justia, www.justia.com/injury/medical-malpractice/statutes-of-limitations-and-the-discovery-rule. 1 June 2024.
- “New York State Insurance Costs.” New York Civil Justice Institute, https://acrobat.adobe.com/id/urn:aaid:sc:US:2de7b5f8-2913-4ed4-8ec4-625d1ca07466?comment_id=72e7e6fa-007e-4428-b81c-ddb456f0d76c. April 2024.
