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Reform Elements In Law

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Alabama Collateral Source
Periodic Payments
Expert Witness
Alaska 250K-400K Cap
Joint Liability
Collateral Source
Periodic Payments
Pre-Trial Screening
Expert Witness
Arizona

Joint Liability
Collateral Source
Expert Testimony
Affidavit of Merit
I’m Sorry Law
Clear and Convincing Evidence in Emergency Care

Arkansas Joint Liability
Periodic Payments
Expert Testimony
California $250K Cap
Joint Liability
Attorney Fee
Limit Periodic Payment
Collateral Source
Expert Witness
Colorado $300K Cap (NE)
$1M Total Cap
Joint Liability
Collateral Source
Periodic Payments
Expert Witness
Affidavit of Merit
I’m Sorry Lawe
Connecticut Joint Liability
Collateral Source
Attorney Fee Limit
Periodic Payments
Expert Testimony
Affidavit of Merit
Delaware Collateral Source
Attorney Fee Limit
Periodic Payments
Expert Witness
Affidavit of Merit
Pre-Trial Screening
Florida $500K Cap $150K Cap
for emergency care
Collateral Source
Attorney Fee Limit
Periodic Payment
Expert Witness
Affidavit of Merit
Reckless Disregard
Joint Liability
Georgia $350K Cap
Joint Liability
Periodic Payments
Expert Witness
Affidavit of Merit
I’m Sorry Provision
Gross Negligence for emergency care
Hawaii $375K Soft Cap
Joint Liability
Pre-Trial Screening
Expert Witness
Idaho $250K Cap
Joint Liability
Collateral Source
Periodic Payment
Expert Witness
Pre-Trial Screening
I'm Sorry Protection
Illinois Certificate of Merit
Expert Witness
Guidelines
Indiana $1.25M Total Cap
Collateral Source
Attorney Fee Limit
Periodic Payment
Pre-Trial Screening
Patient Compensation
Fund (pays damages over $250K)
Iowa Joint Liability
Collateral Source
Periodic Payment
Expert Witness
Kansas $250K Cap
Joint Liability
Expert Witness
Excess Premium Fund
Pre-trial Screening Panel
Kentucky No information available
Louisiana $500K Total Cap except medical costs
Joint Liability
Periodic Payments
Pre-Trial Screening
Expert Witness
Patient Compensation
Fund (pays damages over $100K)
Maine $400K Cap in wrongful death only
I'm Sorry Law
Maryland $650K Soft Cap
Expert Witness
Periodic Payments
Periodic Payments
Mandatory mediation
Premium Subsidy
I’m Sorry Law
Massachusetts $500K Soft Cap
Collateral Source
Attorney Fee Limit
Pre-Trial Screening
Pre-judgment interest
Apology
Michigan 280K cap
Collateral Source
Attorney Fee Limit
Expert Witness
Affidavit of Merit
Minnesota Joint Liability
Collateral Source
Periodic payments
Expert Witness
Affidavit of Merit
Mississippi $500K Cap
Joint Liability
Collateral Source
Periodic payments
Expert Witness
Affidavit of Merit
Missouri Periodic Payments
Expert Witness
Affidavit of Merit
I’m Sorry Law
Joint Liability
Montana $250K Cap
Joint Liability
Collateral Source
Periodic Payments
Expert Witness
I’m Sorry Law
Pre-Trial Screening
Nebraska $1.75M Total Cap
Joint Liability
Collateral Source
Pre-Trial Screening
Expert Witness
I’m Sorry Law
Patient Compensation
Fund (pays damages
over $200K)
Nevada $350K Cap
Periodic Payments
Attorney Fee
Limit Collateral Source
Joint Liability
Expert Witness
Affidavit of Merit
New Hampshire Joint Liability
Periodic Payments
Expert Witness
New Jersey Joint Liability
Collateral Source
Attorney Fee Limit
Expert Witness
Affidavit of Merit
Premium Subsidy
New Mexico $600K Total Cap except medical costs
Joint Liability
Periodic Payments
Pre-Trial Screening
Patient Compensation
Fund (pays damages over $200K)
New York Joint Liability
Collateral Source
Attorney Fee Limit
Periodic Payments
Affidavit of Merit
North Carolina $500K Cap
Clear and Convincing Evidence in EMTALA Cases
Expert Witness
I’m Sorry Law
North Dakota $500K Cap
Joint Liability
Collateral Source
Periodic Payments
Ohio $250-350K Cap
Collateral Source
Joint Liability
I’m Sorry Law
Expert Witness
Affidavit of Merit
Periodic Payments
Oklahoma

$350K Cap
Collateral Source
Joint Liability
I’m Sorry Law
Attorney Fee Limit
Patient compensation system pending

Oregon Joint Liability
Collateral Source
Premium Subsidy
I’m Sorry Law
Pennsylvania Collateral Source
Periodic Payments
Expert Witness
Affidavit of Merit Excess
Premium Fund
Joint and Several
Rhode Island Collateral Source
Expert Witness
South Carolina $350K Cap
Expert Witness
Affidavit of Merit
Offer of Settlement
Gross Negligence for ED/OB emergencies
South Dakota $500K Cap
Collateral Source
Periodic Payments
Expert Witness
Tennessee $750K Cap
Joint Liability
Collateral Source
Attorney Fee Limit
Expert Witness
Texas $250K Cap
Periodic Payments
Affidavit of Merit
Joint Liability
Expert Witness
Willful and Wanton
negligence standard in emergency care cases
Utah

$450K Hard Cap
Joint Liability
Collateral Source
Attorney Fee Limit
Periodic Payments
Emergency Care
Pre-Trial Screening Panel
Affidavit of Merit

Vermont No information available
Virginia $2M Total Cap
Periodic Payments
Expert Witness
Pre-Trial Screening
Affidavit of Merit
I’m Sorry Law
Washington Joint Liability
Collateral Source
Periodic Payments
Pre-judgment interest
I'm Sorry Law
West Virginia $250-$500K Cap
$500K Total Cap for trauma centers
Some Joint Liability
Collateral Source
Affidavit of Merit
Expert Witness
Premium subsidy
I’m Sorry Law
Wisconsin $750K cap
Joint Liability
Collateral Source
Attorney Fee Limit
Periodic Payments
Excess Premium Fund
Expert Witness
Wyoming Joint Liability
Pre-Trial Screening
Affidavit of Merit
Premium subsidy
I’m Sorry Law
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