Do all US states cap medical malpractice damages?
No. Caps apply mostly to non-economic damages (pain and suffering) and vary widely. California caps at $350,000 (rising under 2023 MICRA reform), Texas at $250,000 per provider, and Ohio has a tiered cap. Florida's and several other states' caps have been struck down as unconstitutional. Economic damages (medical bills, lost income, future care) are almost never capped.
What is a certificate of merit?
Many states require the plaintiff to file an affidavit or certificate of merit — a sworn statement from a qualified medical expert confirming the claim has a reasonable basis — early in a malpractice case. Failing to file it on time can result in dismissal. Requirements and deadlines differ by state.
How do I prove medical malpractice in the US?
You must establish four elements: (1) a doctor-patient relationship (duty), (2) the provider breached the accepted standard of care, (3) the breach caused your injury (causation), and (4) you suffered damages. Elements 2 and 3 almost always require expert medical testimony.
What is the statute of limitations for medical malpractice?
It varies by state, commonly 2-3 years from the injury or from when you discovered (or should have discovered) it. Many states have a statute of repose that bars claims after a fixed period (e.g., 4-10 years) regardless of discovery. Special rules apply to minors and foreign objects left in the body.