How Medical Malpractice Laws Vary Across State Lines

Understanding how medical malpractice laws vary across state lines is a mystery to many of our personal injury clients, and that is certainly understandable. Each state has unique legislation and judicial interpretations that potentially affect everything from statutes of limitations and damage caps to expert witness requirements.

Below is a basic understanding of what you need to know when you are pursuing a medical malpractice lawsuit. Reach out to Lowenthal & Abrams, PC to learn more about how these legal guidelines change significantly by state.

Medical Malpractice Laws that Commonly Vary Across State Lines

There are some key medical malpractice laws that vary by state, including damage caps. Many states limit the amount of non-economic damages, such as pain and suffering, you could receive. However, some states do not impose caps, while others impose limits that cover both economic and non-economic damages.

Statutes of limitation are another area of medical malpractice law that varies by state. This legal term refers to the time frame a patient has to file a lawsuit after an injury occurs or is discovered. For example, Pennsylvania and New Jersey give plaintiffs up to two years, while the state of New York allows two and a half years to file a lawsuit.

States also have different standards for qualifying expert witnesses, who are crucial for proving malpractice. Insurance requirements may also vary. Some states mandate medical malpractice insurance for healthcare providers, such as New Jersey, while others may not, including Maryland and Delaware.

Why Varying Medical Malpractice Laws by State Should Matter to You

Patients have certain rights, and state laws directly affect their ability to obtain fair compensation for injuries caused by medical errors. The state where your injury occurred will drastically affect your ability to pursue a successful medical malpractice claim, as well as the amount of compensation you can recover.

Your personal injury attorney must also be well-versed in your state’s specific laws in order to help you recover your damages. Because these laws are subject to legislative changes and court rulings, staying on top of them is essential to developing a winning strategy that leads to a successful outcome.

Reach Out to Us With Your Questions About Medical Malpractice Laws

Reach out to the offices of Lowenthal & Abrams, PC with your questions about how medical malpractice laws vary across state lines. We are your award-winning personal injury attorneys. Since 1975, our firm’s dedicated team has worked tirelessly for our clients, and our $200 million in results prove it.

Our highly esteemed legal professionals handle medical malpractice cases and so much more. So, if you are looking for a seasoned and steadfast personal injury lawyer to pursue your case against the negligent parties for compensation, you have come to the right place.