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  • Wyoming is a state which is located in the western United States. A malpractice occurs when a medical professional fails to take a medically suitable action. In a malpractice or “professional negligence “case the medical professional fails to provide the cautious services to plaintiff resulting in some kind of injury. It is also called medical malpractice.

    A plaintiff is a person who has suffered any kind of injury whereas defendant is that professional who has done something wrong due to negligence or carelessness. If your near and dear ones are suffering from any kind of injury due to malpractice then you must file a case against the defendant.

    Every state has its own set of rules governing medical malpractice lawsuits. Summary of malpractice law in Wyoming are as following:

    1. There is no limit on the damages in medical malpractice cases in Wyoming.
    2. The case of medical malpractice injury must be brought within two years from the date the injury caused or within two year from the date of injury discovered.
    3. If the victim of medical malpractice is a minor, then additional time is allowed. In such cases the minor is liable to file a suit until his eighteenth birthday.
    4. Under Wyoming law, if a claimant is suffering from any kind of disability then in such cases, suit must be brought within one year from the date of removal of the disability.
    5. In cases of wrongful death, the case can be brought within two years from the time of death.
    6. If a plaintiff has received compensation from other sources such as plaintiff’s own insurance company or from any other policy then in such case the amount of damage that defendant has to pay reduces by the amount of compensation which has been received. Thus under collateral source rule the defendant seek to reduce his liability by introducing an evidence of collateral source payment.
    7. In case of joint liability in which more than one defendant are found liable for the injury, in such cases each defendant is individually liable to pay the whole amount to the plaintiff. If one defendant is unable to pay the amount then the other defendant is liable for paying whole amount.
    8. Wyoming does not impose any condition on witness. He/she can be an ordinary person without any license.

    I hope now you are well aware of the malpractice laws which are prevailing in this state.


  • Let us first discuss the medical malpractice law. Sometimes the doctors too go wrong while doing some sort of surgery. But they are a very strong personality of the society that no one dares to complain about them. However, now the government has taken many initiatives so that the patients are finding it much easier to fight with the doctors if they go wrong. This set of laws is called the medical malpractice law. It is very popular in USA. However there are different set of laws in different states. Let me tell you that you will find the North Carolina laws much different as compared to the malpractice laws in New York.

    Let us now discuss the malpractice laws in detail. Some of the rules are as follows:

    1. The first thing which you will have to keep in mind is the limit to malpractice damage. The limit has been set to $250000. However if there is a sudden death then the compensation can be increase to $500000 which is quite high. The caps are also increased for inflation. The physicians should have the liability insurance of at least $1 million to qualify for the caps. This is definitely quite important for the physicians to make sure.
    2. The other point which comes to mind is the collateral source rule. As far as this rule is concerned let me tell you that you will definitely find it to be a juice for the patients as it makes sure that the doctors cannot escape without paying the compensation. Many times the doctors say that the plaintiff or the defendant have already got the compensation from some insurance company. So why should they pay the compensation. But the rules clearly suggest in West Virginia the doctors cannot make such lame excuses. They will have to pay the compensation at any cost.
    3. One more thing which is quite important is that you will have to decide that which person will act as an expert witness. As far as the laws are concerned, let me tell you that only that person can become the expert witness who is in the same field and devotes at least 60% of his time in practice.
    4. One more thing is joint and several liabilities. Many times it does happen that many doctors are involved in same case. In that case let me tell you that all the doctors will have to pay the compensation separately. No doctor can make any excuses.

    These are some of the laws related to medical malpractice laws in West Virginia. Let me tell you that you will have to keep this in mind either you are a defendant or you are a plaintiff.


  • Let me first explain to you that what is medical malpractice? Actually this is a law which helps us to fight with the faults made by doctors. Suppose you go for an operation and the doctor leaves the scissor inside your stomach. It is quite sure that you will be in pain after the operation. You will definitely again meet the doctor and try to know for the reason. Even a layman can understand that the doctor will ask you to take the X-Ray. In the X-ray it will be quite clear that there is a scissor inside your stomach.

    But how will you fight with the doctor now. Do not worry at all. The malpractice law is for you. With the help if this law you will be able to question the doctor and you can also ask for the compensation. Believe me that once it is clear that the doctor has done something wrong then the doctor will have to say sorry to you as well he will have to pay an amount to you as compensation.

    Hence each and every person of the country should know about this law. As far as different states of the country are concerned believe me that there are different malpractice law for different states. Let me tell you that the malpractice laws are meant for your benefit. You will have to take into account many things to understand the mal practice laws in detail.

    The description is as follows:

    Limits on Malpractice Damages
    In this state there is no limit on the economic as well as non economic damages. It is quite certain that once the damage is certified then the doctor will have to pay for it and hence the sufferer will be the beneficiary. However I would like to add that there are some limits in some of the states.

    Collateral source rule
    As far as this state is concerned the collateral source rule is definitely applicable. According to this rule suppose you die due to the negligence of the doctor then you can claim for the insurance from only one person. Either you claim the money from the insurance company or take the money from the doctor. But you will not allow taking the money from both the places according to the collateral source rule.

    Rule for expert witnesses
    You will not directly get the compensation just like the insurance amount. You will have to prove that the damage has been made due to the doctor’s negligence. This is basically done with the help of the expert witness who has same background as the doctor who is responsible for the injury.

    These are some of the amount about the malpractice in Delaware.


  • South Carolina is a state in US. It is surrounded by Georgia from the south and North Carolina from the north. Medical malpractice law in this United States has been under the authority of the states and not of the federal government. Every State has its own set of rules governing medical malpractice lawsuits.

    Malpractice law occurs when a person acts in a negligent manner while taking care of a problem. It can be a failure to diagnose, a misdiagnosis of disease or condition, a failure to treat the condition appropriately or an unreasonable delay in treatment. It is associated to medical wrongdoings and regarded as an actionable activity.

    An injured patient can brings medical malpractice actions against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists. Summary of malpractice laws in South Carolina are as following:

    • All the cases of medical malpractices should be brought within 3 years from the date of discovery of injury. But no case can be brought after 6 years from date of occurrence.
    • The foreign object cases may be brought within 2 years from the date of discovery.
    • In case of minor the statue of limitation begins to run on a minor’s eightieth birthday. However this period should not extend beyond 7 years from date of occurrence or 1 year from date of attaining majority, whichever period is shorter is considered
    • In case of mentally incompetent or insane people, a 1 year limitation period following from the time of removal of the disability is provided otherwise the limit should not exceed more than 5 years from the date of occurrence of injury.
    • South Carolina does not impose any limitation on the medical malpractice cases.
    • If a plaintiff has received compensation from other sources such as plaintiff’s own insurance policy then too he or she is entitled to receive whole judgment amount from the defendant. A defendant can not seek ant relaxation by presenting evidence of collateral source.
    • There are no as such conditions for witnesses. No need of expert witness.
    • In case if more than 1 defendant is found liable for the injury then in such case all the defendant are individually liable for entire money of judgment. If suppose one defendant is unable to pay the amount then the other defendant will be held liable for paying entire money.

    If you are suffering from any kind of loss due to the negligence of a professional, you should seek help from any malpractice attorney. Attorney is expert in dealing with medical malpractice cases. I hope you have got an idea for filing a medical malpractice suit.


  • New Hampshire is one of the states where you can really hope of getting the maximum amount of money as compensation. However before going in detail I must tell you about the Medical malpractice law. You should know what you can do when some doctor make you a fool. Suppose some doctor does not diagnose your disease properly and you suffer a lot and have to spend a lot of money. What will you do then? I am quite sure that you will definitely like to make the doctor pay for it. But the question arises that how can you do this. The answer is simple. You can do it with the help of malpractice laws.

    These laws are different in different states. The state about which I am going to talk about is quite great for those who are plaintiff. I am going to talk about New Hampshire. The various laws related to Malpractice laws are as following:

    1. Limits of malpractice damage
    This is definitely one of the one of the point which will explain you that the state of New Hampshire is heaven for plaintiffs. Out here you as a plaintiff will be glad to know that the there is no limit as far as the malpractice damage is concerned. You can ask for money as high as $1000000 or as low as $10000. But you should have reasons.

    2. Collateral source law
    As far as the collateral source laws are concerned it is quite similar to the other states. Let me tell you that the defendant cannot say that the plaintiff has received some compensation from some insurance company. Hence they should not be asked to pay the compensation. This is definitely not possible. The defendants will have to pay the compensation to the plaintiff in any case. This does not really matter that the plaintiff has got the compensation from some insurance company or not.

    3. Rules for expert witness
    As far as the expert witness is concerned I must tell you that he must be competent enough and should be working in the same field in which the defendant is working. If this is not the case then that person cannot be the expert witness.

    4. Statute of limitation
    Let me tell you that you will have to file the petition within two years after the incident has happened.

    5. Limits on attorney fees
    The New Hampshire limits the attorney fees in practice cases to 50% of the first $1,000 recovered, 40% of the next $2,000, 1/3 of the next $97,000 recovered, and 20% of any recovery in excess of $100,000 recovered. However, for the infant this law is not applicable and the attorney has to work for less.

    These are some of the points about the malpractice law in New Hampshire. You will definitely have to make sure that you know all of them because you can also be the plaintiff in future.


  • A Malpractice occurs when a person acts in a negligent manner when taking care of a problem. It is also referred as medical malpractice which can occur from an action taken by the medical practitioner, or by the failure to take a medically appropriate action.

    A plaintiff is a person who has suffered any kind of injury whereas defendant is that professional who has done some something wrong due to negligence or carelessness. Examples of medical malpractice include: misdiagnosis, or failure to diagnose a disease or medical condition, failure to provide appropriate treatment for a medical condition, unreasonable delay in treating a diagnosed medical condition etc.

    The laws and rules governing malpractice lawsuits in each state can vary significantly. Medical Malpractice rules prevailing in Oklahoma are as following:

    • Medical malpractice actions in Oklahoma can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
    • It imposes a $300,000.00 limit on noneconomic damages in medical malpractice cases. However there is no limit on the cases involving wrongful death where defendant is found to be engaged in willful and unjustifiable conduct.
    • All the Malpractice suits must be brought within two years from the date the cause of action.
    • Plaintiff under the age of twelve must bring a medical malpractice action within seven years from the date the injury. And minor plaintiff who is above 12 years must bring case within one year from obtaining the age of majority.
    • Incompetent person must bring their medical malpractice action within seven years from the date upon which the injury was incurred.
    • Wrongful death actions must be brought within two years from the time of death.
    • There is limit to attorney money it must not exceed 50% of the net judgment.
    • The Expert witness should be an expert who has licensed to practice medicine or has other substantial training or experience.
    • If more than one defendant is found liable for the injury then each defendant is individually liable for the entire amount of the judgment.
    • Oklahoma does not require the periodic payment of any portion of a claimant’s damages in a medical malpractice action.

    Sadly, many Americans die each year from medical mistakes. If you are suffering from any kind of loss due to the negligence of a professional, you should seek help from any malpractice attorney to protect your right.


  • Tennessee is a state located in the Southeastern United States. The capital of this state is Nashville. If any of your love one is a victim of any kind of injury that is caused due to ignorance of a professional then you must immediately file a case against that professional to save the right of your near and dear one.

    Each and every year thousands of people are injured or die as a result of medical malpractice. A Malpractice occurs when a person acts in a negligent manner while taking care of a problem. In this a medical professional fails to take a medically suitable step, resulting in some kind of injury to other person. Misdiagnosis, failure to diagnose, failure to provide appropriate treatment for a medical condition or unreasonable delay in treating a diagnosed medical condition are some of the example of malpractices.

    The person who has suffered any kind of injury is called a plaintiff and the person who has done something wrong intentionally or due to negligence is referred as defendant.

    The Malpractice law varies from state to state. Medical Malpractice rules prevailing in Tennessee are as following:

    • If a Plaintiff has received compensation from other sources such as plaintiff’s own insurance company or from any other policy then in such case the amount of damage that defendant has to pay does not reduce at all. There is a mandatory offset and the defendant cannot seek to reduce its liability by introducing an evidence of collateral source payment.
    • The expert witness should be an expert who has licensed to practice medicine or has other substantial training or experience.
    • In case of joint liability in which more than one defendant are found liable for the injury, in such cases each defendant is individually liable to pay the whole amount to the plaintiff. If one defendant is unable to pay the amount then the other defendant is liable for paying whole amount.
    • The malpractice action against injury or wrongful death must be brought within 1 year from the date of occurrence of injury or within 1 year from the date of discovery of injury. But no cases are accepted after 3 year from the date of occurrence of injury.
    • The contingent attorney fees are limited to 1/3 of the recovery.
    • If the plaintiff is a minor or is of unsound mind then the case must be brought within 1 year from the date of removal of disability.

    I hope now you are well aware of the malpractice laws of Tennessee.


  • In a malpractice or “professional negligence “case the professional fails to provide the careful services to plaintiff resulting in some kind of injury. A plaintiff is a person who has suffered any kind of injury whereas defendant is that professional who has done some something wrong due to negligence or carelessness. It is associated to medical wrongdoings.

    Malpractice law occurs when a person acts in a negligent manner when taking care of a problem. It can be a failure to diagnose, a misdiagnosis of disease or condition, a failure to treat the condition appropriately or an unreasonable delay in treatment. There are 3 types of malpractices willful, careless and unintentional.

    An injured patient can brings medical malpractice actions against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists. Summary of malpractice laws in Ohio are as following:

    • Unfortunately Ohio is one of the states where filing suits is not an easy job for the plaintiffs.
    • In Ohio only one year from negligence is given for making claim.
    • If the victim of medical malpractice is a minor, then additional time is allowed. In such cases a claim must be commenced within four years of the act underlying the injury.
    • There are two distinct claims for malpractice that may arise due to death. First is a malpractice claim for personal loss and suffering prior to death which is enforceable by the decedent’s personal representative. The second is wrongful death claim for pecuniary loss to the decedent’s spouse or family.
    • Non-economic damages are capped at $250,000.00 or three times the plaintiff’s economic loss, not to exceed $350,000.00 per plaintiff or $500,000.00 per occurrence.
    • In Ohio awards are offset by payments of collateral source benefits which are paid or are likely to be paid within sixth months of the judgment.
    • The expert witness must be a licensed physician or medical professional who devotes not less than 75% of his or her time to clinical practice or teaching.
    • Under Ohio law, unless they are more than 50% responsible for the plaintiff’s injury, defendants are liable for non-economic damages only in proportion to their assessed fault.
    • Ohio does not impose special limits on attorney fees in medical malpractice cases.

    In Ohio, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated. Sadly, many Americans die each year from medical mistakes. So these kinds of professional should be punished for their mistake.


  • A Malpractice or “professional negligence” occurs when a person acts in a negligent manner when taking care of a problem. In this a medical professional fails to take a medically suitable step, resulting in some kind of injury to other person.

    It is also called Medical Malpractice. A plaintiff is a person who has suffered any kind of injury whereas defendant is that professional who has done some something wrong due to negligence or carelessness. It is associated to medical wrongdoings.

    An injured patient can brings medical malpractice actions against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists. A malpractice is actionable when injury, loss or damage is suffered by the person who retained the professional’s services. These laws differ from country to country.

    Medical Malpractice rules prevailing in Rhode Island are as following:

    • If a Plaintiff has received compensation from other sources such as plaintiff’s own insurance company or from any other policy then in such case the amount of damage that defendant has to pay reduces by the amount paid by collateral sources. This way a defendant may reduce his liability by introducing an evidence of collateral source.
    • The people who have skill, knowledge and training in field of alleged malpractice are only considered as a witness.
    • The malpractice action against injury or wrongful death must be brought within 3 years from the date of incident.
    • In case of mentally incompetent people, a 3 year limitation period following from the time of removal of the disability is provided.
    • In case of minor the statue of limitation begins to run on a minor’s eightieth birthday.
    • The law over here adheres to the pure form of comparative negligence.
    • There is no limitation on the attorney fees in medical malpractice cases in Rhode Island.
    • If more than 1 defendant is found liable for the injury of the plaintiff then each defendant is individually liable to pay the entire amount of the judgment according to the joint and several liability.
    • Punitive damages are not recoverable in any action brought by or against the executor.
    • The periodic payment in medical malpractice action is not mandatory in Rhode Island.

    Malpractice cases can involve doctors, dentists, pharmacists, or lawyers. Each and every year thousands of people are injured or die as a result of medical malpractice. I hope now you are well aware of the malpractice law of Rhode Island.


  • Medical malpractice is also termed as the medical negligence. It happens when the health care provider fails to follow the standards being set by the government. It is quite sure that the patients will definitely suffer. The rules definitely suggest that if this happens then the patient can question the heath care provider in court. The malpractice law is surely for them. There can be so many types of faults which the doctors can do. I am not going to go in detail about that. I am going to describe how the malpractice law stands in the state of Missouri.

    I would also like to bring to your notice that different states have different set of rules as far as the malpractice law is concerned. As far as the Missouri is concerned, there are definitely different set of rules out here.

    The description goes like this:

    1. Limit on Malpractice Damage
    This limit was fixed way back in 1986. It has been fixed to $500000. You can not really ask the doctor to pay the compensation which is more than this amount. You can consider it as a drawback but rules are rules. You will not be allowed to break it. However there is a debate going on in the senate about this limit and I do hope that it might be increased very soon.

    2. Collateral Source Rule
    The collateral source rule is one of the major rules as far as the malpractice law is concerned. The doctors definitely on many occasions question that if the plaintiffs have been paid the compensation by some insurance company then why should they too pay to them. This is definitely one of the major questions being put up by the doctors or the defendant as they are called in this case. However the government does not agree on this behalf. They definitely feel that the doctors too have to pay the compensation to the plaintiff. This action has been taken so that the doctors realize their mistake.

    3. Rule for expert Witness
    As far as the expert witness is concerned there is no hard and fast rule being set up by the government. Any body can become the expert witness. However he should be a doctor.

    4. Statute of limitation

    I would definitely like to mention that you will have to file a petition in the court with two years of the case. If you will take more time than two years, then your petition will definitely be cancelled.

    Additional rule
    There is a mandatory periodic payment to be paid if the damage is in excess of $1 million. An affidavit of the expert consultation is to be filled and this is to be done within 90 days of filling the malpractice action.

    These are some of the rules regarding the Missouri malpractice. If you are too a plaintiff, then you should definitely read this article.