State-by-State Medical Malpractice Pre-Suit and Expert Requirements

Media malpractice expert requirements

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:

StatePre-Suit or Preliminary RequirementsExpert Limitations
AlabamaNoneAla. Code § 6-5-548

Similarly situated health care provider

AlaskaNoneAlaska Stat. § 09.20.185

Same discipline or school of practice

ArizonaAriz. 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.

ArkansasArk. Code § 16-114-209(b)

Affidavit of reasonable cause by expert

Ark. Code § 16-114-206(a)

Same specialty

Ark. Code § 16-114-209(b)

Same type of medical care

CaliforniaNoneCal. Health & Safety Code §1799.110(c)

Applies only to emergency medical providers

ColoradoColo. 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

ConnecticutConn. 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

Conn. Gen. Stat. § 52-184c

Similar healthcare provider

DelawareDel. Code tit. 18 § 6853(a)

Affidavit of merit by expert witness

Del. Code tit. 18 § 6853(c)

Same or similar field of medicine

Del. Code tit. 18 § 6854

Familiar with degree of skill ordinarily employed

D.C.NoneNone
FloridaFla. Stat. § 766.104

Certificate of reasonable investigation by attorney

Fla. Stat. § 766.106

Notice of intent to initiate litigation

Fla. Stat. § 766.203

Verified written medical opinion by medical expert

Fla. Stat. § 766.202(6)

Duly and regularly engaged in practice of profession

Fla. Stat. § 766.102

Same specialty, etc.

GeorgiaGa. 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

HawaiiHawaii Rev. Stat. § 671-12.5

Certificate of consultation by attorney or party

Consultation with physician

Hawaii Rev. Stat. § 671-12.5

Same medical specialty

IdahoNoneIdaho Code § 6-1012

Similarly qualified, same class, same community

Illinois735 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

735 I.L.C.S. 5/8-2501

Same profession, etc.

IndianaInd. Code § 34-18-8-4

Presentation of proposed complaint to medical review panel

None
IowaNoneIowa Code § 147.139

Licensed in same or substantially similar field

KansasKan. Stat. § 65-4901

Convening of medical malpractice screening panel, if requested

Kan. Stat. § 60-3412

Same profession

KentuckyKy. Rev. Stat. § 411.167

Certificate of merit by claimant

Consultation with qualified expert

None
LouisianaLa. 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

MarylandMd. Code, Cts. & Jud. Proc. § 3-2A-04

Certificate by qualified expert

Md. Code, Cts. & Jud. Proc. § 3-2A-02

Same specialty or related field

MassachusettsMass. Gen. Laws ch. 231, § 60B

Hearing by tribunal

None

 

MichiganMich. Comp. Laws § 600.2912d

Affidavit of merit by health professional

Mich. Comp. Laws § 600.2169

Same specialty, board certification, etc.

MinnesotaMinn. Stat. § 145.682

Affidavit of expert review by attorney

Review of case by expert

None
MississippiMiss. Code § 11-1-58

Certificate of consultation by attorney

Consultation with qualified expert

Miss. Code § 11-1-61

Licensed as Doctor of Medicine

MissouriMo. 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

MontanaMont. Code Ann. § 27-6-301

Submission of case to medical legal panel

Mont. Code Ann. § 26-2-601

Same specialty or subspecialty

NebraskaNeb. Rev. Stat. § 44-2840

Presentation of proposed complaint to medical review panel

None
NevadaNev. 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 HampshireN.H. Rev. Stat. § 519-B:1

Presentation of claims to medical review panel

None
New JerseyN.J. Stat. § 2A:53A-27

Affidavit by appropriate licensed person

N.J. Stat. § 2A:53A-41

Same specialty or subspecialty, board certification, etc.

New MexicoN.M. Stat. § 41-5-15

Application to medical review commission

None
New YorkN.Y. C.P.L.R. § 3012-a

Certificate of merit by attorney

Consultation with physician

None
North CarolinaN.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.

N.C. Gen. Stat. § 90-21.12

Same or similar communities and circumstances

North DakotaN.D. Cent. Code § 28-01-46

Affidavit by expert

None
OhioOhio R. Civ. P. 10(D)(2)

Affidavit of merit by expert witness

None
OklahomaNoneOkla. Stat. § 63-1-1708.1I

Any area of health care relevant to claim

OregonNoneNone
Pennsylvania231 Pa. Code § 1042.3

Certificate of merit by attorney or plaintiff

Written statement by appropriate licensed professional

231 Pa. Code § 1042.10

Example form of certificate

40 Pa. Stat. § 1303.512

Same subspecialty or subspecialty with substantially similar standard of care, board certification, etc.

Rhode IslandNoneR.I. Gen. Laws § 9-19-41

Similar to Daubert standard

South CarolinaS.C. Code § 15-36-100(B)

Affidavit of expert witness

S.C. Code § 15-79-125

Notice of intent to file suit

S.C. Code § 15-36-100(A)

Same area of practice or specialty

South DakotaNoneNone
TennesseeTenn. 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

TexasTex. 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

UtahUtah Code § 78B-3-412(a)

Notice of intent to commence action

Utah Code Ann. § 78B-3-416(2)

Request for prelitigation panel review

None
VermontVt. 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

VirginiaVa. Code § 8.01-20.1 / Va. Code § 8.01-50.1 /

Va. Code § 16.1-83.1

Certification by plaintiff

Written opinion by expert witness

Va. Code Ann. § 8.01-581.2

Request for review by medical malpractice review panel

Va. Code Ann. § 8.01-581.20

Practice in same specialty or related field of medicine

WashingtonNoneNone
West VirginiaW. 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

W. Va. Code § 55-7B-6(b)

Devotion of 60% of professional time to active clinical practice or teaching

WisconsinNoneNone
WyomingWyo. 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!

 

 

Disclaimer: The information provided through these blog posts does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available through these blog posts are for general informational purposes only.

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