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American Bar Association

50-State Surveys


This 50-state survey of the law, Plaintiff’s Medical Care and Treatment—Discovery and Evidentiary Issues, is the latest in a series prepared by litigators and trial lawyers across the United States and published by the Products Liability Committee of the Section of Litigation.  We often find ourselves consulting with colleagues in other jurisdictions and researching the law of other states and territories on medical evidence and discovery issues and procedures.  Aspects of the law in this area have also changed in recent years in various jurisdictions due to tort reform and the impact of new and emerging federal laws and regulations.  Our experience in practice and the observed changes were the genesis of this survey.

Plaintiff's Medical Care and Treatment—Discovery and Evidentiary Issues

Pharmaceuticals Subcommittee of the Products Liability Committee Report

Select a state to view summary information. All summaries are available in PDF format ().


Editor's note: This online compendium should be used as only a starting point and not a substitute for original research. The views expressed in the Compendium are those of the contributing authors and not necessarily those of their employers or the American Bar Association.

Download Past 50-State Surveys


Consumer Class Actions 50-State Survey | PDF

Update on Punitive Damages Claims: A 50-State Survey | PDF

Toxicology in Tort Litigation | PDF

Post-Sale Duty to Warn | PDF

Spoliation of Evidence | PDF

Expert Witnesses in Pharmaceutical and Medical Device Cases | PDF

Epidemiology in Tort Litigation | PDF

Medical Monitoring | PDF

FDCA-Related Tort Causes of Action | PDF