How the State Where Your Medical Malpractice Occurred Could Limit Your Recovery

One of the functions of the National Practitioner Data Bank is to report the number of malpractice payments made as a result of medical malpractice actions throughout the country. It is interesting to note that the number of payment reports in any given state is affected by specific provisions of each state’s malpractice statute. State statutes, as they relate to medical errors, can make it more or less difficult for an injured party to sue a health care professional or health care facility for medical malpractice.

There are a number of issues that could affect an injured party’s ability to collect compensation depending upon the state in which the medical error occurred. For example, there are differences from state to state that affect: Statute of limitations, which provide how long a party has to commence suit against the responsible party including tolling provisions from the date of discovery. The burden of proof could vary from state to state setting forth what an injured party has to prove in order to recover money damages. Some states limit the amount of money that can be received for non-economic damages (i.e. pain and suffering).

The type of negligence standards could also affect the ability of an injured party’s right to recover money damages. Other issues such as immunities, vicarious liability, insurance limitations, caps on legal fees and damages restrictions on wrongful death cases could affect the ultimate recovery. Many of these limitations may reduce the number of cases filed in a particular jurisdiction which may result in lower overall gross recoveries. Because laws vary so significantly from state to state it is important to consult with an experienced medical malpractice lawyer immediately if you feel you are the victim of medical errors.

If you or someone you love was the victim of medical malpractice, it is important that you seek legal advice from an experienced personal injury attorney. Call our team at 888-244-5480 today for a free consultation, and to make sure your rights are protected.