The ACEP offices will be closed for several upcoming holidays
We apologize for any inconvenience:
Monday, December 23, 2024 thru Wednesday, January 1, 2025.
ACEP ID:
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| Alabama | None |
| Alaska | None |
| Arizona | Clear and convincing evidence, rather than a preponderance of the evidence, is required to prove negligence in emergency care cases. |
| Arkansas | None |
| California | None |
| Colorado | None |
| Connecticut | None |
| Delaware | None |
| Florida | Physicians providing emergency care are subject to a noneconomic cap of only $150,000 with no exceptions. "Reckless disregard" must be proven in order for physicians to be held liable in cases where they provide EMTALA related emergency care. (amendment to Good Samaritan Act) |
| Georgia | In emergency care cases, no provider shall be held liable unless it is proven by clear and convincing evidence that the physician’s actions showed gross negligence. In those cases, the jury must be instructed to consider such factors as the availability of the patient’s medical history, a previous physician-patient relationship and the nature of the emergency. |
| Hawaii | None |
| Idaho | None |
| Illinois | None |
| Indiana | None |
| Iowa | None |
| Kansas | None |
| Kentucky | None |
| Louisiana | None |
| Maine | None |
| Maryland | None |
| Massachusetts | None |
| Michigan | None |
| Minnesota | None |
| Mississippi | None |
| Missouri | None |
| Montana | None |
| Nebraska | None |
| Nevada | Physicians in trauma centers only: $50,000 damage cap for prestabilization care for patients who enter through the emergency department unless reckless and willful conduct |
| New Hampshire | None |
| New Jersey | None |
| New Mexico | None |
| New York | None |
| North Carolina | Requires proof of negligence through "clear and convincing evidence" in cases involving the treatment of EMTALA-related emergency medical conditions. |
| North Dakota | None |
| Ohio | None |
| Oklahoma | $300,000 cap on non-economic damages for obstetrics services and emergency care. Only lifted if judge finds "clear and convincing" evidence of negligence. $300,000 cap for all other providers only applies if the defendant made an offer to settle and the amount of the verdict is less than 1½ times the amount of the final offer to settle. (special cap repealed upon passage of$350K cap for all). |
| Oregon | None |
| Pennsylvania | None |
| Rhode Island | None |
| South Carolina | Shields physicians from liability (except in cases of gross negligence) for care provided in an emergency where there is an immediate threat of death or serious bodily injury and the care is rendered in an ED or obstetrical or surgical suite. Similar protection for physicians who provide emergency OB care when there is no relationship or the patient had no prenatal care. |
| South Dakota | None |
| Tennessee | None |
| Texas | In emergency care cases, the claimant bringing the suit may prove that the treatment departed from accepted standards of care only if the claimant shows by a preponderance of the evidence that the physician, with willful and wanton negligence, deviated from the degree of care and skill reasonably expected of prudent physician in the same/similar circumstances. Juries must also be instructed in such cases to consider factors including the availability of medical history, whether a physician-patient relationship existed and the nature of the emergency. |
| Utah | Clear and convincing evidence required to prevail in emergency care cases. |
| Vermont | None |
| Virginia | None |
| Washington | None |
| West Virginia | Trauma Center: Caps all damages for injury or death at $500,000 for cases involving care necessitated by an emergency condition in which the patient enters a designated trauma center for treatment. The limit also applies to health care services rendered by a licensed EMS agency or employee. |
| Wisconsin | None |
| Wyoming | None |
