Global Litigation Consultants is based in Florida, but we provide services to clients across the country. This means we’re well-versed in state-specific laws from Florida to Kentucky to California and everywhere in between. For instance, our medical record retrieval team understands what medical records cost in each state, so they can make sure that your client doesn’t get overcharged, regardless of where she’s been treated.
Our expert selection team has a similar breadth of necessary knowledge. We understand that medical malpractice law is subject to greater statutory regulation than other areas of personal injury law, and that one state’s statutory scheme can be quite different from that of the next.
Case-in-point:
| State | Pre-Suit or Preliminary Requirements | Expert Limitations |
| Alabama | None | Ala. Code § 6-5-548 Similarly situated health care provider |
| Alaska | None | Alaska Stat. § 09.20.185 Same discipline or school of practice |
| Arizona | Ariz. Rev. Stat. § 12-2603 Written statement of certification by attorney or claimant Preliminary opinion affidavit by expert | Ariz. Rev. Stat. § 12-2604 Same specialty, etc. |
| Arkansas | Ark. Code § 16-114-209(b) Affidavit of reasonable cause by expert | Ark. Code § 16-114-206(a) Same specialty Same type of medical care |
| California | None | Cal. Health & Safety Code §1799.110(c) Applies only to emergency medical providers |
| Colorado | Colo. Rev. Stat. § 13-20-602 Certificate of review by attorney or complainant Consultation with person with expertise in area of alleged negligence | Colo. Rev. Stat. § 13-64-401 Same subspecialty |
| Connecticut | Conn. Gen. Stat. § 52-190a(a) Certificate of reasonable inquiry and good faith by attorney or party Written and signed opinion by similar health care provider | Conn. Gen. Stat. § 52-190a and Similar healthcare provider |
| Delaware | Del. Code tit. 18 § 6853(a) Affidavit of merit by expert witness | Del. Code tit. 18 § 6853(c) Same or similar field of medicine Familiar with degree of skill ordinarily employed |
| D.C. | None | None |
| Florida | Fla. Stat. § 766.104 Certificate of reasonable investigation by attorney Notice of intent to initiate litigation Verified written medical opinion by medical expert | Fla. Stat. § 766.202(6) Duly and regularly engaged in practice of profession Same specialty, etc. |
| Georgia | Ga. Code § 9-11-9.1 Affidavit by expert competent to testify | Ga. Code § 24-7-702 Knowledge and experience in area of practice or specialty |
| Hawaii | Hawaii Rev. Stat. § 671-12.5 Certificate of consultation by attorney or party Consultation with physician | Hawaii Rev. Stat. § 671-12.5 Same medical specialty |
| Idaho | None | Idaho Code § 6-1012 Similarly qualified, same class, same community |
| Illinois | 735 I.L.C.S. 5/2-622 Affidavit by attorney or plaintiff Written report by health professional | 735 I.L.C.S. 5/2-622 Licensed in same profession, with same class of license; or licensed to practice medicine in all its branches Same profession, etc. |
| Indiana | Ind. Code § 34-18-8-4 Presentation of proposed complaint to medical review panel | None |
| Iowa | None | Iowa Code § 147.139 Licensed in same or substantially similar field |
| Kansas | Kan. Stat. § 65-4901 Convening of medical malpractice screening panel, if requested | Kan. Stat. § 60-3412 Same profession |
| Kentucky | Ky. Rev. Stat. § 411.167 Certificate of merit by claimant Consultation with qualified expert | None |
| Louisiana | La. R. S. § 40:1237.1 and La. R.S. § 40:1237.2 Review by state medical review panel | La. R.S. § 9:2794 Licensed and practicing with knowledge of standard of care involved |
| Maryland | Md. Code, Cts. & Jud. Proc. § 3-2A-04 Certificate by qualified expert | Md. Code, Cts. & Jud. Proc. § 3-2A-02 Same specialty or related field |
| Massachusetts | Mass. Gen. Laws ch. 231, § 60B Hearing by tribunal | None
|
| Michigan | Mich. Comp. Laws § 600.2912d Affidavit of merit by health professional | Mich. Comp. Laws § 600.2169 Same specialty, board certification, etc. |
| Minnesota | Minn. Stat. § 145.682 Affidavit of expert review by attorney Review of case by expert | None |
| Mississippi | Miss. Code § 11-1-58 Certificate of consultation by attorney Consultation with qualified expert | Miss. Code § 11-1-61 Licensed as Doctor of Medicine |
| Missouri | Mo. Rev. Stat. § 538.225 Affidavit by attorney or plaintiff Written opinion by legally qualified health care provider | Mo. Rev. Stat. § 538.225 Same profession, substantially the same specialty |
| Montana | Mont. Code Ann. § 27-6-301 Submission of case to medical legal panel | Mont. Code Ann. § 26-2-601 Same specialty or subspecialty |
| Nebraska | Neb. Rev. Stat. § 44-2840 Presentation of proposed complaint to medical review panel | None |
| Nevada | Nev. Rev. Stat. § 41A.071 Affidavit by medical expert | Nev. Rev. Stat. § 41A.100 and Nev. Rev. Stat. § 41A.071 Substantially similar type of practice |
| New Hampshire | N.H. Rev. Stat. § 519-B:1 Presentation of claims to medical review panel | None |
| New Jersey | N.J. Stat. § 2A:53A-27 Affidavit by appropriate licensed person | N.J. Stat. § 2A:53A-41 Same specialty or subspecialty, board certification, etc. |
| New Mexico | N.M. Stat. § 41-5-15 Application to medical review commission | None |
| New York | N.Y. C.P.L.R. § 3012-a Certificate of merit by attorney Consultation with physician | None |
| North Carolina | N.C. Gen. Stat. § 1A-1, Rule 9(j) Specific assertion of review Review by qualified expert witness | N.C. Gen. Stat. § 8C-1, Rule 702 Same or similar specialty, etc. Same or similar communities and circumstances |
| North Dakota | N.D. Cent. Code § 28-01-46 Affidavit by expert | None |
| Ohio | Ohio R. Civ. P. 10(D)(2) Affidavit of merit by expert witness | None |
| Oklahoma | None | Okla. Stat. § 63-1-1708.1I Any area of health care relevant to claim |
| Oregon | None | None |
| Pennsylvania | 231 Pa. Code § 1042.3 Certificate of merit by attorney or plaintiff Written statement by appropriate licensed professional Example form of certificate | 40 Pa. Stat. § 1303.512 Same subspecialty or subspecialty with substantially similar standard of care, board certification, etc. |
| Rhode Island | None | R.I. Gen. Laws § 9-19-41 Similar to Daubert standard |
| South Carolina | S.C. Code § 15-36-100(B) Affidavit of expert witness Notice of intent to file suit | S.C. Code § 15-36-100(A) Same area of practice or specialty |
| South Dakota | None | None |
| Tennessee | Tenn. Code Ann. § 29-26-122 Certificate of good faith by attorney or plaintiff Consultation with expert | Tenn. Code Ann. § 29-26-115 Licensed in TN or contiguous bordering state |
| Texas | Tex. Civ. Prac. & Rem. Code § 74.351 Report by expert (with curriculum vitae) | Tex. Civ. Prac. & Rem. Code § 74.351 Qualified under Texas Rules of Evidence Tex. Civ. Prac. & Rem. Code § 74.401 Knowledge of standard of care involved Applies in suit against physician Tex. Civ. Prac. & Rem. Code § 74.402 Practice involves same type of care or treatment Applies in suit against health care provider Tex. Civ. Prac. & Rem. Code § 74.403 Otherwise qualified to render opinion Applies to expert on causation |
| Utah | Utah Code § 78B-3-412(a) Notice of intent to commence action Request for prelitigation panel review | None |
| Vermont | Vt. Stat. tit 12 § 1042(1) Certificate of merit by attorney or plaintiff Consultation with health care provider | Vt. Stat. tit 12 § 1042(1) Qualified pursuant to Vt. R. Evid. 702 |
| Virginia | Va. Code § 8.01-20.1 / Va. Code § 8.01-50.1 / Certification by plaintiff Written opinion by expert witness Request for review by medical malpractice review panel | Va. Code Ann. § 8.01-581.20 Practice in same specialty or related field of medicine |
| Washington | None | None |
| West Virginia | W. Va. Code § 55-7B-6(b) Notice of claim Screening certificate of merit by health care provider | W. Va. Code § 55-7B-7(a) Experience in treating similar injuries Devotion of 60% of professional time to active clinical practice or teaching |
| Wisconsin | None | None |
| Wyoming | Wyo. Stat. § 9-2-1519 Submission of claim to medical review panel | Wyo. Stat. § 9-2-1519 Specialty or subspecialty at issue |
A few things to note:
- The limitation described in the “Expert Limitations” column is (arguably) the most stringent limitation within the cited statute or rule. We recommend a full review of each statute for a comprehensive understanding of each of its limitations and other requirements.
- In addition to the statute(s) or rule(s) listed in the “Expert Limitations” column (including “None”), the state may have other statutes or rules that may further affect the admissibility of the expert witness’ testimony (e.g., those that implement the Daubert standard).
- In some instances, a state has a statute that would be appropriate to list, except that its judiciary has found the statute to be unconstitutional.
- As a disclaimer, this information was gathered and published on or about March 30, 2021 and may not remain up-to-date with respect to changes in the laws made thereafter.
If you’d like assistance meeting pre-suit requirements or retaining an appropriate expert in your medical malpractice action, Global Litigation Consultants stands ready to help, regardless of where you’re located. Contact us today!
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