Alabama

No limitations. Limits declared unconstitutional by State Supreme Court.

§6.5.482. 2 years from date of injury or 6 months from discovery. No suit may be brought 4 years after date of injury. Minors under 4 by age 8 if statute would have otherwise expired by that time.

No separation of joint and several liability.

No limitations.

None provided.

Alaska

Enacted 2005: §09.55.549. Noneconomic damages limited to $250,000; limited to $400,000 for wrongful death or injury over 70% disabling; limits not applicable to intentional or reckless acts or omissions.

§9.17.020. Punitive damages limited to $500,000 or 3 times compensatory damages.

§09.10.070. 2 years from discovery of injury.

§09.17.080. Defendants are proportionally liable for damages awarded according to percentage of fault.

No limitations.

None provided.

Arizona

No limitations. Limits constitutionally prohibited.

§12-542. 2 years after cause of action, not afterward for personal injury and wrongful death.

§12-2506. Defendants are proportionally liable for damages awarded according to percentage of fault, unless defendant acted in concert with another person.

§12-568. Not limited, but court may review reasonableness of fees upon request of either party.

None provided.

Arkansas

§16-55-205 – 209.

Punitive damages limited to $250,000 per plaintiff or 3 times amount of economic damages. Not to exceed $1 million. Limits adjusted for inflation at 3-year intervals beginning in 2006. Contingent on proof of recklessness or intentional malice.

§16-114-203. 2 years from date of injury. Foreign objects: 1 year from discovery. Minors: before age 9, until age 11.

§16-55-201. Defendants are proportionally liable for damages awarded according to percentage of fault.

No limitations.

None provided.

California

Civil Code §3333.2. $250,000 limit for noneconomic damages.

Civil Procedure §340.5. 3 years after injury or 1 year after discovery, whichever is first. No more than 3 years after injury unless caused by fraud, concealment, or foreign object. Minor under age 6: 3 years or before age 8, whichever is longer.

Civil Code §1431.2.

Defendants are proportionally liable for noneconomic damages according to percentage of fault, but jointly and severally liable for economic damages.

Business and Professions §6146. Sliding scale, not to exceed 40% of first $50,000, 33 1/3% of next $50,000, 25% of next $500,000, and 15% of damages exceeding $600,000.

None provided.

Colorado

§13-64-302. $1 million total limit on all damages; $300,000 noneconomic limitation.

§13-80-102.5. 2 years from date of injury, no more than 3 years from act. Foreign objects: 2 years from discovery. Minors under age 6: before age 8.

§13-21-111(5). Defendants are proportionally liable for damages awarded according to percentage of fault, unless act proved deliberate.

No limitations.

§10-4-901 – 913. Stabilization Reserve Fund fully outlined and enacted; however, provisions never funded and implemented.

§10-3-208. Repeals existing provisions allowing medical malpractice insurers to use loss experiences from other states and nationwide experiences in certain situations when setting rates; specific information factors not to be included.

Connecticut

No limitations.

§52-584. 2 years from date of injury, but no later than 3 years of the act or omission.

§52-572h. Defendants are proportionally liable according to percentage of fault for damages awarded.

§52-251c. Sliding scale, not to exceed 1/3 of first $300,000; 25% of next $300,000; 20% of next $300,000; 15% of next $300,000; and 10% of damages exceeding $1.2 million.

None provided.

§06-108. Eliminates requirements that medical professional liability insurance policies issued on a claims-made basis provide prior acts coverage without additional charge to insureds; extended reporting coverage liability insurers must provide under certain circumstances.

Delaware

§18.6855. Punitive damages may be awarded only on finding of malicious intent to injure or willful or wanton misconduct. No mandated limit.

§18.6856. 2 years from injury; 3 years from discovery if latent injury. Minor: age 6 or same as adult.

No separation of joint and several liability.

§18.6865. Sliding scale, not to exceed 35% of first $100,000; 25% of next $100,000; and 10% of all damages exceeding $200,000.

§18.6833. Stabilization Reserve Fund created.

Florida

§766.118. Noneconomic damages limited to $500,000 per claimant. Death or permanent vegetative state, noneconomic damages not to exceed $1 million.

§768.73. Punitive damages limited to the greater of 3 times amount of economic damages or $500,000. If deliberate intent to harm, no limit on punitive damages.

§95.11. 2 years from injury or discovery, no more than 4 years from injury. Minors: age 8. If fraud, concealment of injury or intentional misrepresentation prevented discovery within 4-year period, 2 year limit from discovery, not to exceed 7 years after the act.

§768.81. Defendants are proportionally liable according to percentage of fault for damages awarded, monetary limits in liability according to percentage as level of fault increases.

Adopted 2004: Florida Constitution, Article I, Section 26. Limits attorney fees in malpractice lawsuits to 30% of first $250,000; 10% of any award over $250,000.

§766.102. Patient’s Compensation Fund and Birth Related Neurological Compensation Fund fully outlined and enacted; however, provisions never implemented.

Georgia

Enacted 2005: §51-13-1. Noneconomic damages in medical malpractice actions limited to $350,000 against physicians regardless of number of defendants. Noneconomic damages limited to $350,000 against single medical facility; $700,000 against multiple facilities. Aggregate amount of noneconomic damages limited to $1.05 million.

§9-3-71, 72, 73. 2 years from injury or death; in no event longer than 5 years from act or death. Foreign object: 1 year from discovery. Minors: 2 years from age 5 if action arose before 5^th birthday.

Enacted 2005: §51-12-33.

Multiple defendants liable for apportioned damages according to percentage of fault of each person. Damages reduced by court in proportion to percentage of fault if plaintiff is found partially responsible for injury. Plaintiff not entitled to receive any damages if found 50% or more responsible for injury.

No limitations.

§33-20-13 (c). Health care corporation regulations require insurers to establish and maintain reserve funds for unpaid claims and other known liabilities.

Hawaii

§663-8.5. Noneconomic damages in medical tort actions limited to a maximum award of $500,000.

§657.7.3. 2 years from discovery, not to exceed 6 years from act. Minors: age 10 or within 6 years, whichever is longer.

§671.18. Arbitration tolls statute until 60 days after panel’s decision is delivered.

§663.10.9. When negligence is less than 25%, noneconomic damages awarded in proportion according to degree of fault. 

§607.15.5. Attorney fees must be approved by court.

None provided.

Idaho

§6.1603-4. $250,000 limit on noneconomic damages, adjusted annually according to state's average annual wage. Punitive damages limited to $250,000 or amount 3 times of compensatory damages.

§5.219. 2 years from injury. Foreign object: 1 year from reasonable discovery or 2 years from injury, whichever is later.

§6.803. Defendants are proportionally liable according to percentage of fault for damages awarded, except in cases of intentional act.

No limitations.

None provided.

Illinois

Enacted 2005: §735 5/2-1706.5. Noneconomic damages limited to $500,000 against individual physician, $1 million against hospital.

§735 5/2-1115. Punitive damages not recoverable in medical malpractice cases.

§735 5/13-212. 2 years from discovery but not more than 4 years from act. Minors: 8 years after act but not after age 22.

§740 180/2. Wrongful death: 2 years if limitation on personal injury still valid at time of death.

§735 5/2-1117. No separation of joint and several liability.

§735 5/2-1114. Sliding scale, not to exceed 1/3 of first $150,000; 25% of $150,000 to $1 million; 20% of damages over $1 million.

None provided.

Indiana

§34-18-4-3. $1,250,000 total limit. Liability limited to $250,000 per health care provider. Any award beyond limits covered by Patient Compensation Fund.

§34-18-7-1. 2 years from act, omission, or neglect. Minors: under age 6 until age 8.

No separation of joint and several liability.

§34-18-18-1. Plaintiff's attorney fees may not exceed 15% of any award made from Patient Compensation Fund.

§34-18-6. Patient Compensation Fund pays awards over $250,000 up to $1,250,000.

Iowa

No limitations.

§614.1. 2 years from reasonable discovery but not more than 6 years from injury unless foreign object. Minors under age 8: until age 10 or same as adults, whichever is later. Mentally ill: extends to 1 year from removal of disability.

§668.4. Defendants are proportionally liable according to percentage of fault. Several liability not granted for economic damages when defendant is found more than 50% at fault.

§147.138. Court to review plaintiff attorney fees in any personal injury or wrongful death action against specified health care providers or hospitals.

None provided.

Kansas

§60.19a02. $250,000 limit on noneconomic damages recoverable by each party from all defendants.

§60.3702. Punitive damages limited to lesser of defendant's highest gross income for prior 5 years or $5 million.

§60.513. 2 years from act or reasonable discovery, but can be up to 10 years after reasonable discovery.

No separation of joint and several liability.

§7.121b. Attorney fees must be approved by court. 

§40.3403. Health Care Stabilization Fund pays claims over $200,000, maximum payout of $300,000 per year on claim. Mandatory participation by medical professionals.

Kentucky

No limitations.

§413.140. 1 year from act or reasonable discovery, but not more than 5 years after act.

§411.182. When court apportions percentage of fault, defendant is only liable for comparable share of damages.

No limitations.

None provided.

Louisiana

RS §40:1299.42. $500,000 limit for total recovery. Health care provider liability limited to $100,000. Any award in excess of all liable providers paid from Patient’s Compensation Fund.

RS §9.5628. 1 year from act or date of discovery, but no later than 3 years from date of injury.

CC §2315.2. Wrongful death: 1 year from death.

CC §2324. Defendants are liable only for percentage of fault unless conspiracy of intentional or willful act.

No limitations.

RS §40:1299.44. Patient Compensation Fund pays claims over $100,000 up to $500,000. Physicians levied surcharge directly into fund for purpose of paying malpractice claims.

Maine

§18A.2.804. Comparative Negligence of plaintiff to reduce award in personal injury or wrongful death cases. Jury to specify amount of damages award to be paid by each defendant in a multiple-defendant medical malpractice complaint; Damage limits granted only in wrongful death cases. Noneconomic damages limited to $275,000, punitive damages limited to $75,000.

§24.2902. 3 years from cause of action. Minors: 6 years after accrual or within 3 years of minority, whichever is first. Foreign objects: accrue from reasonable discovery.

No separation of joint and several liability.

§24.2961. Sliding scale, not to exceed 1/3 of first $100,000; 25% of next $100,000; and 20% of damages exceeding $200,000.

None provided.

24-2907. Statement or conduct acknowledging sympathy, apology or fault made by health care provider to patient or patient’s representative relating to injury or death as result of unanticipated medical outcome not admissible as evidence of admission of liability.

Maryland

§3-2A-09(A). Noneconomic damages limited to $650,000 from 2005 to 2008, thereafter increasing by $15,000 per year beginning on January 1 of applicable year.

§5-109. 5 years from act or 3 years from discovery.

No separation of joint and several liability.

No limitations.

§6-101 - 104, 6-301. Premium 2% tax exemption repealed, tax assessed on HMOs and MCOs to offset medical liability premium rates.

Massachusetts

§231.60H. $500,000 limit for noneconomic damages, some exceptions released from limitations.

§260.4. 3 years from injury and no more than 7 years, unless foreign object discovered.

§231.60D. Minors: before age 6 until age 9, no longer than 7 years from injury.

No separation of joint and several liability.

§231.601. Sliding scale, not to exceed 40% of first $150,000; 33.33% of next $150,000; 30% of next $200,000 and 25% of award over $500,000.

None provided.

Michigan

§600.1483. $280,000 limit on noneconomic damages; $500,000 limit on noneconomic damages applies to certain other circumstance. Limit adjusted annually by state treasurer according to consumer price index.

§600.5805. 2 years from injury.

§600.5838a. 6 months from reasonable discovery. No more than 6 years from injury.

§600.5851. Minors under age 8: the latter of 6 years or age 10. Reproductive injuries until age 13.

§600.2925a. Defendants are proportionally liable according to percentage of fault for damages awarded, except when uncollectible shares are reallocated among solvent defendants.

Court Rules 8.121(b). Maximum contingency fee for personal injury action is third of amount recovered.

None provided.

Minnesota

§549.20. No limitation for punitive damages but are only allowed if defendant proven to have deliberate disregard to safety. Award subject to judicial review.

§541.076. 4 years from injury or termination of treatment.

§541.15. Disability extends limitation to 7 years.

§604.02. Defendants are proportionally liable according to percentage of fault for damages awarded, except when defendant is assessed greater than 50% of fault, or proven to have intentional malice.

No limitations.

None provided.

Mississippi

§11.1.60. $500,000 limit on noneconomic damages.

§11.1.65. Punitive damages only awarded if willful malice or gross negligence proved. Court determines if award granted and amount. Damages limited based on defendant’s net worth.

§15.1.36. 2 years from act or reasonable discovery, no more than 7 years.

§85.5.7. Defendants are proportionally liable according to percentage of fault for damages awarded, except when defendant is proven to have intentional malice.

No limitations.

None provided.

§83.48.3. Provides temporary market of last resort to make medical malpractice insurance available for hospitals, institutions for the aged or infirm, or other licensed health care facilities; also for physicians, nurses and any other personnel licensed to practice in any health care facility including hospitals

Missouri

Amended 2005: §538.210. Noneconomic damages limited to $350,000 regardless of number of defendants. (Inflation index repealed.)

Enacted 2005: §510.265. Punitive damages limited to $500,000 or 5 times net amount of judgment.

§516.105. 2 years from act. Foreign object: 2 years from discovery. Amended 2005: Minor under 8: until age 20, or 2 years from 18th birthday. In no event longer than 10 years from injury.

Amended 2005: §537.067. Defendants are proportionally liable according to percentage of fault for damages awarded; jointly liable if found more than 51% at fault.

No limitations.

Tort Victim’s Compensation Fund does not apply in actions of improper health care.

§5239.09. Changes the laws regarding medical malpractice insurance and the enforcement powers of the Department of Insurance and creates the Health Care Stabilization Fund Feasibility BoardSponsor

Montana

§25.9.411. $250,000 limit on noneconomic damages.

§27.1.221. Liability for punitive damages determined by court, defendant must have been proven guilty of deliberate malice.

Enacted 2005: §27.6.103. Damages for negligence awarded based on “reduced chance of recovery.”

§27.2.205. 3 years from injury or discovery, no more than 5 years from act. Minors under age 4: age 11 or death, whichever occurs first.

§27.1.703. Defendants are proportionally liable according to percentage of fault for damages awarded, except when defendant is assessed greater than 50% of fault.

No limitations.

Enacted 2005: §33.23. Insurance Commissioner to perform study of medical liability insurance market; create market assistance plan, joint underwriting association, or stabilization reserve fund based on findings.

Nebraska

§44.2825. Total damages limited to $1,750,000. Health care provider liability limited to $500,000. Any excess of total liability of all health care providers paid from Excess Liability Fund.

§25.21,185.10. Defendants are proportionally liable according to percentage of fault for noneconomic damages awarded, and jointly liable for economic damages.

§44.2834. No limitations, but court can review for reasonableness at request of prevailing party.

§44.2829-2831. Excess Liability Fund participation required and surcharge assessed to physicians. Pays claims over $500,000 per defendant up to $1,750,000.

Nevada

§41A.035. $350,000 limit on noneconomic damages, no exceptions.

§42.005. Punitive damages limited to $300,000 or 3 times compensatory damages; only awarded by court for fraud, oppression, or malice.

§41A.097. 4 years from injury or 2 years from reasonable discovery if injury or wrongful death prior to Oct. 1, 2002. If after Oct. 1, 2002, 3 years from injury or 1 year from discovery.

§41A.045. Defendants proportionally liable according to percentage of fault for economic and noneconomic damages awarded.

§7.095. Sliding scale for attorney fees, not to exceed 40% of first $50,000; 33 1/3% of next $50,000; 25% of next $500,000; 15% of any amount over $600,000.

§686B.180. State insurance commissioner may create insurance coverage through regulation if access to essential insurance in voluntary market is limited.

New Hampshire

No limitations. Limits declared unconstitutional by State Supreme Court.

§507-C:4. 2 years from injury or 2 years from discovery. Minors under age 8: until age 10.

§507:7-d. Defendants are proportionally liable according to percentage of fault for damages awarded.

§507-C:8. Sliding scale, not to exceed 50% of first $1000; 40% of next $2000; 1/3 of next $97,000; 20% of excess of $100,000. If settled out of court, fee limited to 25% of up to $50,000.

None provided.

New Jersey

§2A:15-5.14. $350,000 limit on punitive damages, or 5 times compensatory damages, whichever is greater.

§2A:14-2. 2 years from accrual of claim or discovery. Minor from birth: until age 13.

§2A:15-5.2. Defendants only responsible for share of fault if less than 60% .  Defendants found more than 60% at fault subject to modified rule.

Court Rules §1:2107. Sliding scale, not to exceed 1/3 of first $500,000; 30% of next $500,000; 25% of third $500,000; and 20% of fourth $500,000. 25% limit for minor or incompetent plaintiff.

None provided.

New Mexico

§41.5.6-7. $600,000 total limit on all damages. Health care providers not liable for any amount over $200,000; any judgment in excess paid from Patient’s Compensation Fund.

§41.5.13. 3 years from injury.

§41.3A.1. Defendants are proportionally liable according to percentage of fault for damages awarded, except when defendant is proven to have intentional malice.

No limitations.

§41.5.25-29. Patient’s Compensation Fund only expended for purposes provided in authorizing Act. Superintendent has authority to purchase insurance for fund and its obligations.

New York

No limitations.

§214.A. 2 1/2 years from injury, 1 year from discovery.

§208. Minors: statute tolled until disability ceases, not to exceed 10 years.

§16-1601. Defendants are proportionally liable according to percentage of fault for noneconomic damages awarded, unless found more than 50% at fault. Defendants can be held jointly liable for economic damages.

Jud. §474-A. Sliding scale, not to exceed 30% of first $250,000; 25% of second $250,000; 20% of next $500,000; 15% of next $250,000; 10% over $1.25 million.

None provided.

North Carolina

§1D-25. $250,000 limit on punitive damages, or 3 times economic damages, whichever is greater.

§1-15.17. 3 years from act or 1 year from reasonable discovery, not more than 4 years after injury. Foreign object: 1 year from discovery but not more than 10 years. Minors: until age 19.

§1B-7. No separation of joint and several liability.

No limitations.

None provided.

North Dakota

§32.42.02. $500,000 limit on noneconomic damages.

§32.03.2.08. Economic damage awards in excess of $250,000 subject to court review.

§28.01.18. 2 years from act or reasonable discovery but not more than 6 years after act unless concealed by fraud.

§28.01.25. Minors: 12 years

§32.03.2.02. Defendants are proportionally liable according to percentage of fault for damages awarded, except when defendant is proven to have intentional malice.

No limitations.

§26.1.14.01-09. Reserve fund enacted but not implemented unless majority of doctors in state have difficulty securing malpractice insurance.

Ohio

§2315.18. $250,000 limit on noneconomic damages or three times plaintiff's economic loss, determined by court. Maximum noneconomic damages $350,000 per plaintiff or $500,000 per occurrence. No limit for permanent injury that prevents victim from independently caring for self.

§2315.21. Punitive damages limited to twice amount of economic damages or percentage of defendant’s net worth. No limit where defendant acted knowingly.

§2305.11-13. 1 year from act, no more than 4 years for discovery. Foreign object: 1 year from discovery. Minors: 4 years from act.

§2307.22. Defendants are proportionally liable for economic damages according to percentage of fault for damages awarded, unless found more than 50% at fault. Severally liable only for noneconomic damages.

§2323.43 (F). No limitations but court must approve if fees exceed limits on damage award.

None provided.

Oklahoma

§63-1-1708.1F. $300,000 limit on noneconomic damages; also specific to obstetric and emergency room care. No limits for negligence or wrongful death.

§23-9.1. Punitive damages based on misconduct.

§76-18. 2 years from reasonable discovery.

§12-96. Minors under 12: 7 years. Minors over 12: 1 year after attaining majority but in no event less than 2 years from injury.

§23-15. Defendants are proportionally liable according to percentage of fault for damages awarded, unless found more than 50% at fault or guilty of willful misconduct or reckless disregard.

§5-7. Fee may not exceed 50% of net judgment.

§76-22. State Insurance Fund authorized to offer malpractice insurance and/or reinsurance based on claims and loss ratio. State Board for Property and Casualty Rates must approve prior to release.

Oregon

No limitations. Limits declared unconstitutional by State Supreme Court; 2004 ballot measure to institute noneconomic damage limits rejected by voters.

§31.740. Punitive damages not awarded if physician is found acting in scope of duties without malice.

§12.110. 2 years from injury or reasonable discovery, not more than 5 years from act.

§31.610. Defendants are proportionally liable according to percentage of fault for damages awarded.

§31.735. No more than 20% of punitive damages to attorney, no limitation of percentage of economic damages.

§752.035. Professional Liability Fund established to pay sums as provided that members are legally obligated to as result of malpractice. Maintained by Director of Department of Consumer and Business Services.

Pennsylvania

No limitations. Constitutionally prohibited.

§40.1301.812-A. Punitive damages granted only if defendant found guilty of willful misconduct or reckless disregard.

§42.5524. 2 years from injury or discovery.

§42.5533. Minor: 2 years after age of majority.

July 2005: Commonwealth Court declared separation of joint and several liability unconstitutional based on germane standard of legislation enacted in 2002. (Statute §42.71.7102.)

No limitations.

§971.165. Medical Professional Liability Catastrophe Loss Fund to provide up to $700,000 per occurrence. Participating physicians pay annual surcharge.

Rhode Island

No limitations.

§9.19.34.1. Collateral source rule requires jury to reduce award for damages by sum equal to difference between total benefits received and total amount paid to secure benefits by plaintiff.

§9.1.14.1. 3 years from injury, death or reasonable discovery.

§10.7.2. Minors and incompetents: 3 years from removal of disability.

No separation of joint and several liability.

No limitations.

None provided.

South Carolina

Enacted 2005: §15-32-220. Noneconomic damages limited to $350,000 against single health care provider or facility; limit of $1.05 million for multiple defendants. Limits increased or decreased annually based on Consumer Price Index. No limits on noneconomic or punitive damages for cases of willful negligence or misconduct.

§15-3-545. 3 years from act or omission, or 3 years from discovery, not to exceed 6 years. Foreign object: 2 years from discovery. Minors: tolled for up to 7 years while a minor.

§15-38-10. No separation of joint and several liability.

No limitations.

§38-79-420. Patients' Compensation Fund to pay portion of malpractice claim, settlement or judgment over $200,000 for each incident or over $600,000 in aggregate for one year.

South Dakota

§21-3-11. $500,000 limit on noneconomic damages. No limit on special damages.

§15-2-14.1. 2 years from act or omission.

§15-8-15.1. Defendants are proportionally liable according to percentage of fault; defendants found less than 50% liable not jointly liable for more than twice percentage of fault allocated.

No limitations.

None provided.

Tennessee

No limitations.

§29.26.116. 1 year from injury or discovery, no more than 3 years from act unless foreign object.

Joint and several liability provisions in statute, declared unconstitutional by State Supreme Court.

§29.26.120. Fees limited to 1/3 of award to plaintiff.

None provided.

Texas

Civil Practice §74.301. $250,000 limit per claimant for noneconomic damages. $500,000 limit per claimant for noneconomic damages in judgments against health care institutions.

Civil Practice §74.251. 2 years from occurrence, no more than 10 years. Minors under 12: until age 14.

Civil Practice §33.013. Defendants are proportionally liable according to percentage of fault for damages awarded, unless found more than 50% at fault.

No limitations.

None provided.

Utah

§78.14.7.1. $400,000 limit on noneconomic damages for actions arising after July 1, 2002. Adjusted annually by Administrative Office of Courts.

§78.14.4. 2 years from discovery but not more than 4 years from act; foreign object or fraud: 1 year from discovery, applies to all persons regardless of minority or disability.

§78.27.40. Defendants are proportionally liable according to percentage of fault for damages awarded.

§78.14.7.5. Contingency fee not to exceed 1/3 of award.

None provided.

Vermont

No limitations.

§12.521. 3 years from incident or 2 years from discovery, whichever is later. No later than 7 years. Fraud: no statute of limitations. Foreign object: 2 years from discovery.

No separation of joint and several liability.

No limitations.

None provided.

Virginia

§8.01-581.15. $1.5 million limit on recovery damages. Increased by $50,000 each year from 2001 to 2006. Increased by $75,000 each year in 2007 and 2008.

§8.01-243. 2 years from occurrence, no more than 10 years unless under disability. Foreign object: 1 year from discovery. 

No separation of joint and several liability.

No limitations.

§38.2-5000-5020. Birth-Related Neurological Injury Compensation Fund to provide compensation for infant sustaining brain damage during birth delivery. Physicians pay annual assessment.

§. Risk Management plan allowing certain physicians and community hospitals to purchase malpractice insurance extended from 2006-2008

§. Limits circumstances in which insurers are required to provide notice of reduction in coverage or increase in premiums; specified deadlines for medical malpractice policies.

Washington

§4.56.250. No specific limits on damage awards. Judgment for noneconomic damages cannot exceed formulation of average annual wage and life expectancy of injured.

§4.16.350. 3 years from injury or 1 year from discovery, whichever is later. No more than 8 years after act.

§4.22.070. Defendants are proportionally liable according to percentage of fault for damages awarded, unless

found to be deliberately acting in concert with others.

§7.70.070. Court to determine reasonableness of each party's attorney fees.

None provided.

§18.71.015. Medical quality improvement program. Medical liability insurance providers required to report all closed claims to Insurance Commissioner beginning in 2008.

West Virginia

§55.7B.8. $250,000 limit for noneconomic damages. $500,000 limit for compensatory damages, limit goes up beginning in 2004 according to inflation index. Physicians must carry at least $1 million malpractice insurance to qualify for limits.

§55.7B.4. 2 years from injury or reasonable discovery, no longer than 10 years after injury. Minors under 10: 2 years from injury or age 12, whichever is longer.

§55.7B.9. Defendants are proportionally liable according to percentage of fault for damages awarded.

No limitations.

§29.12B.1-14. Medical Liability Fund to assist in making malpractice insurance more readily available to specific health care providers.

Wisconsin

§ 893.55. Noneconomic damages for medical malpractice limited to 750,000$; Board of Injured Patients and Families Compensation Fund to report to legislature every 2 years any suggested changes to damages limit.

§893.55. 3 years from injury or 1 year from discovery, not more than 5 years from act. Foreign object: 1 year from discovery or 3 years from act, whichever is later. Minors: by age 10 or standard provision, whichever is later.

§895.045.(2). Defendants are proportionally liable according to percentage of fault for damages awarded, unless found to be deliberately acting in concert with others or found more than 50% at fault.

§655.013. Sliding scale, not to exceed 1/3 of first $1 million, or 25% of first $1 million recovered if liability is stipulated within time limits, 20% of any amount exceeding $1 million.

§655.27. Injured Patients and Families Compensation Fund pays amounts in excess of statutorily prescribed future damages awards. Health care providers required to pay into fund annually.

Wyoming

§97.3.027. Limits prohibited.

2004 ballot measure to adopt constitutional amendment allowing noneconomic damage limits rejected by voters.

§1.3.107. 2 years from injury or reasonable discovery. Minors: until age 18 or within 2 years, whichever is later. Legal disability: 1 year from removal.

§1.1.109. Defendants are proportionally liable according to percentage of fault for damages awarded.

Ct. Rules, R. 5. Recovery $1 million or less: 1/3 if claim settled prior to 60 days after filing; 40% if settled after 60 days or judgment; 30% over $1 million.

§26.33.105. Medical Liability Compensation Fund to provide malpractice insurance coverage in event of cause of action. Participating physicians pay surcharge.

§35.1.902. Department of Health program to provide loans to physicians for medical malpractice insurance premiums assistance extended until March 2007.