Medical & Malpractice Tort Reform
A person may be able bring a medical malpractice lawsuit against a health-care provider whose failure to act or negligent or reckless actions cause the person to sustain an injury. Depending on the state, tort reform legislation may limit a person's right to bring the lawsuit or the amount a person may recover.
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Certificate of Merit
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In many states, before a person can file a medical malpractice lawsuit, it is necessary to file a "certificate of merit." A certificate of merit certifies that the plaintiff's lawsuit has merit. The plaintiff must have a medical expert certify that a review of the patient's medical records show that the health-care provider did not exercise accepted medical practices.
Caps
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In many states, caps limit the amount of compensation a plaintiff can receive in a medical malpractice lawsuit. Caps protect hospitals and medical providers by placing a limit on damage awards and attorney fees.
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Time Limits
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Time limits, also referred to as statute of limitations, limit how long a person has to file a lawsuit. The statutes of limitations vary in each state, but typically a person must file a lawsuit within two years from the date of the injury or from the date the person learned of the medical malpractice.
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