Medical Malpractice Damage Caps by State (2026)
States that limit damages in medical malpractice cases, and the current caps.
| State | Medical malpractice caps |
|---|---|
| Alaska | Non-economic damages against health care providers are capped at $250,000 per injury, no matter how many providers are sued, or $400,000 for wrongful death or severe permanent physical impairment that is more than 70% disabling. Hedonic damages (for the pleasure of being alive) are not allowed. The caps do not apply to reckless or intentional misconduct. Economic damages are not capped. Alaska Stat. § 09.55.549 |
| Arizona | None. The constitutional ban on laws limiting damages for death or injury applies to medical malpractice cases as well. Ariz. Const. art. 2, § 31; art. 18, § 6 |
| California | In medical malpractice cases filed on or after January 1, 2023, non-economic damages (pain, suffering and similar losses) are capped. The caps started at $350,000 for injury cases and $500,000 for wrongful death cases, and rise each January 1 by $40,000 (injury) and $50,000 (death) for 10 years, up to $750,000 and $1,000,000. Separate caps can apply to health care providers, to health care institutions, and to unaffiliated defendants. The cap in effect at the time of judgment, arbitration award or settlement applies. Cal. Civ. Code § 3333.2 |
| Colorado | Yes. Total damages against health care professionals and institutions are generally limited to the greater of $1,000,000 or 125% of the medical wrongful-death non-economic limit, of which only a set amount may be non-economic. The non-economic limit is $415,000 for claims accruing in 2024-2025, and rises for acts or omissions in later years: $530,000 (2026), $645,000 (2027), $760,000 (2028), $875,000 (2029), then adjusted for inflation. For a patient's wrongful death, non-economic damages are capped at $555,000 for acts in 2025, $810,000 for 2026, $1,065,000 for 2027, with further scheduled increases. A court may award additional economic damages above the total cap if applying it would be unfair. The caps do not apply to public health care employees or public institutions covered by the Governmental Immunity Act. Colo. Rev. Stat. §§ 13-64-302, 13-21-203(1)(b) |
| Hawaii | No separate malpractice-only cap was found. The general $375,000 cap on pain-and-suffering damages applies to tort actions, including medical malpractice, unless the case falls within the exceptions listed in § 663-10.9(2). Haw. Rev. Stat. § 663-8.7 |
| Idaho | No separate malpractice-only cap. The general non-economic damages cap (starting at $250,000 and adjusted annually) applies to all personal injury and wrongful death actions, including medical malpractice. Idaho Code § 6-1603 |
| Indiana | Yes. Under the Medical Malpractice Act, the total amount recoverable for a patient's injury or death is capped at $1,800,000 for acts of malpractice after June 30, 2019 (lower amounts apply to earlier acts). A qualified health care provider is liable for no more than $500,000 for acts after June 30, 2019; amounts above the provider's share, up to the total cap, are paid by the state Patient's Compensation Fund. Ind. Code § 34-18-14-3 |
| Iowa | Yes. Non-economic damages against health care providers for one occurrence are capped at $250,000 total, regardless of the number of plaintiffs or defendants. If the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, and that the $250,000 limit would deny just compensation, the cap is $1,000,000, or $2,000,000 if a hospital is a defendant. The caps do not apply to a defendant who acted with actual malice, and they increase by 2.1% each January 1 starting in 2028. Loss of dependent care for a child or disabled adult is treated as economic damages. Iowa Code § 147.136A |
| Kansas | Kansas does not have a separate malpractice-only cap in the sections reviewed. The general personal injury non-economic cap in § 60-19a02 ($350,000 for claims accruing on or after July 1, 2022) covers actions for personal injury or death, but the official annotations report the Kansas Supreme Court held it unconstitutional in Hilburn v. Enerpipe Ltd. (2019). The $250,000 limit on non-pecuniary wrongful death damages in § 60-1903 applies to wrongful death claims. Kan. Stat. Ann. §§ 60-19a02, 60-1903 |
| Kentucky | No. The constitutional ban on limiting the amount recovered for injury or death (Section 54) also applies to medical malpractice cases, and no statutory cap on malpractice damages was found. Ky. Const. § 54 |
| Louisiana | Total recovery for all malpractice claims for injury to or death of a patient is limited to $500,000 plus interest and costs, not counting future medical care and related benefits. A health care provider qualified under the Medical Malpractice Act is personally liable for no more than $100,000; amounts above that, up to the cap, are paid by the Patient's Compensation Fund. La. R.S. 40:1231.2(B) |
| Maine | The Maine Health Security Act does not contain a cap on malpractice damages. If the patient dies, the wrongful death limits apply: up to $1,000,000 (adjusted for inflation) for loss of comfort, society and companionship and up to $500,000 in punitive damages. 24 M.R.S. ch. 21 (Maine Health Security Act); 18-C M.R.S. § 2-807(2) |
| Maryland | Yes. For medical malpractice causes of action arising on or after January 1, 2005, noneconomic damages were capped at $650,000 for 2005–2008, increasing by $15,000 every January 1 starting in 2009. The cap that applies depends on the year the cause of action arose. The cap applies in total to all personal injury and wrongful death claims from the same medical injury; if a wrongful death case has two or more beneficiaries, the total may not exceed 125% of the cap. Past medical expenses are limited to amounts actually paid or owed. Md. Code, Cts. & Jud. Proc. § 3-2A-09 |
| Massachusetts | In malpractice actions against health care providers (other than wrongful death actions), the jury may not award more than $500,000 for pain and suffering, loss of companionship, embarrassment and other general damages, unless it finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances that would make the limit deny just compensation. Economic damages are not capped. M.G.L. c. 231, § 60H |
| Michigan | Yes. Total noneconomic damages for all plaintiffs against all defendants may not exceed a base amount of $280,000, or $500,000 if the patient is hemiplegic, paraplegic or quadriplegic from brain or spinal cord injury, has permanently impaired cognitive capacity, or has permanent loss of or damage to a reproductive organ causing inability to have children. These limits are adjusted every year by the State Treasurer for inflation, so the current amounts are higher. Economic damages are not capped. MCL 600.1483 |
| Mississippi | Yes. In malpractice actions against health care providers filed on or after September 1, 2004, noneconomic damages may not exceed $500,000. Miss. Code Ann. § 11-1-60(2)(a) |
| Missouri | Yes. Noneconomic damages against health care providers are capped at a base of $400,000 for personal injury and $700,000 for catastrophic personal injury or death, regardless of the number of defendants. All wrongful death claimants count as one plaintiff. The caps increase by 1.7% every January 1, with the current values published in the Missouri Register by the Department of Commerce and Insurance. The jury is not told about the cap. Punitive damages against a health care provider require clear and convincing proof of intentional harm or malicious misconduct. Mo. Rev. Stat. § 538.210 |
| Montana | Yes. Noneconomic damages for all claims arising from injuries to a patient from a single incident of malpractice may not exceed the noneconomic damage limit. The limit was $300,000 and rises to $350,000 effective January 1, 2026, $400,000 in 2027, $450,000 in 2028 and $500,000 in 2029, then by 2% a year starting in 2030. The limit that applies is the one in effect when the claimant first files with the Montana Medical Legal Panel. Mont. Code Ann. § 25-9-411 |
| Nebraska | Yes, a cap on total damages (not just noneconomic). Under the Nebraska Hospital-Medical Liability Act, the total amount recoverable from all health care providers and the Excess Liability Fund for any occurrence after December 31, 2014 may not exceed $2,250,000. A qualified health care provider is not liable for more than $800,000; amounts above that, up to the cap, are paid by the Excess Liability Fund. Neb. Rev. Stat. § 44-2825 |
| Nevada | Yes. Noneconomic damages against a health care provider for professional negligence may not exceed the statutory cap, regardless of the number of plaintiffs, defendants or theories. The cap was $350,000 and increases by $80,000 every January 1 from 2024 until it reaches $750,000 on January 1, 2028, then by 2.1% a year from 2029. The Nevada Supreme Court publishes the yearly amounts on its website. Defendants are liable only for their own percentage share. NRS 41A.035, 41A.045 |
| New Mexico | Yes, aggregate caps on all damages except punitive damages and past and future medical care. Independent providers: $750,000 per occurrence, adjusted annually for inflation beginning January 1, 2023. Independent outpatient health care facilities: $1,000,000 for injuries in 2024, adjusted annually after that. Hospitals and hospital-controlled outpatient facilities: rising each year, $6,000,000 per occurrence for injuries in 2026, then adjusted for inflation. The caps include all loss of consortium claims. Most providers' personal liability is limited to $250,000, with the excess paid from the Patient's Compensation Fund. The jury is not told about the caps. NMSA 1978, § 41-5-6 |
| North Carolina | Yes. Total noneconomic damages against all defendants in a medical malpractice action were capped at $500,000, and the cap is reset every three years (starting January 1, 2014) for inflation by the Office of State Budget and Management. There is no cap if the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death and the defendant acted with reckless disregard, gross negligence, fraud, intent or malice. The jury is not told about the cap. N.C. Gen. Stat. § 90-21.19 |
| North Dakota | Noneconomic damages in a health care malpractice case are capped at $500,000 in total for the claimant and family members, no matter how many providers are sued. The jury is not told of the cap; the court reduces any larger award. Before suing, the parties must make a good-faith effort to resolve the claim through alternative dispute resolution. N.D. Cent. Code §§ 32-42-02, 32-42-03 |
| Ohio | Economic damages are not capped. Noneconomic damages are limited to the greater of $250,000 or three times economic loss, up to $350,000 per plaintiff or $500,000 per occurrence. For permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or a permanent injury that prevents independent self-care, the cap rises to $500,000 per plaintiff or $1,000,000 per occurrence. The cap does not apply to wrongful death actions. Ohio Rev. Code § 2323.43 |
| Oklahoma | No separate medical malpractice cap was found. The general bodily-injury noneconomic damages cap ($500,000, with the exceptions and the $1,000,000 mental-injury limit described above) applies to civil actions arising from a claimed bodily injury, for injuries on or after September 1, 2025. 23 Okla. Stat. § 61.3; 76 Okla. Stat. (no cap provision found) |
| Oregon | No separate medical malpractice damages cap was found. The $500,000 noneconomic cap for wrongful death actions applies when malpractice causes death. Punitive damages may not be awarded against licensed health practitioners (such as physicians, nurses and dentists) who were acting within the scope of their license and without malice. Or. Rev. Stat. §§ 31.710, 31.740 |
| Pennsylvania | The MCARE Act does not cap compensatory damages in medical malpractice cases. It limits punitive damages against an individual physician to 200% of compensatory damages (except in cases of intentional misconduct). Punitive damages require willful or wanton conduct or reckless indifference; gross negligence is not enough. 25% of any punitive award against a health care provider goes to the MCARE Fund. MCARE Act § 505 (40 P.S. § 1303.505) |
| South Carolina | Noneconomic damages are capped at $350,000 per claimant against a single health care provider or a single institution. When more than one provider or institution is liable, each is limited to $350,000 per claimant and the total for all is limited to $1,050,000 per claimant. These amounts are adjusted each year for inflation and published in the State Register. The caps do not apply if the defendant was grossly negligent, willful, wanton or reckless, committed fraud or misrepresentation related to the claim, or altered or destroyed medical records to avoid liability. Economic damages are not capped. S.C. Code § 15-32-220 |
| South Dakota | In a malpractice action for personal injury or death against a physician, chiropractor, optometrist, podiatrist, dentist, hospital, nurse, physician assistant or certain other listed practitioners (or their employer), total general damages (such as pain and suffering) may not exceed $500,000. Special damages (such as medical bills and lost wages) are not capped. S.D. Codified Laws § 21-3-11 |
| Tennessee | No separate medical malpractice cap was found; the general noneconomic damages cap of $750,000 per plaintiff ($1,000,000 for catastrophic injuries) applies to all civil actions, including health care liability actions. Tenn. Code Ann. § 29-39-102(a), (n) |
| Texas | Noneconomic damages in a health care liability claim are capped at $250,000 per claimant against all physicians and other non-institution providers combined, $250,000 per claimant against a single health care institution, and $500,000 per claimant for all institutions combined. In wrongful death or survival actions against a physician or health care provider, total damages (including exemplary damages) are capped at $500,000 per claimant, adjusted for inflation since 1977 under a consumer price index formula. Tex. Civ. Prac. & Rem. Code §§ 74.301, 74.303 |
| Utah | In a malpractice action against a health care provider, noneconomic damages (pain, suffering and inconvenience) are capped at $450,000 for causes of action arising on or after May 15, 2010 (lower or inflation-adjusted amounts apply to older claims). The cap does not apply to punitive damages. Utah Code § 78B-3-410 |
| Virginia | Virginia caps the total amount recoverable (all damages, not just noneconomic) for injury or death of a patient in a malpractice action against a health care provider. The cap depends on when the malpractice occurred and rises by $50,000 each July 1: $2.70 million for July 1, 2025 through June 30, 2026; $2.75 million for July 1, 2026 through June 30, 2027; reaching $3 million for malpractice on or after July 1, 2031. Va. Code § 8.01-581.15 |
| West Virginia | Noneconomic damages against a health care provider are capped at $250,000 per occurrence, or $500,000 per occurrence for wrongful death, permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or permanent injury that prevents independent self-care. Since 2004 the caps increase annually for inflation, up to 150% of the base amounts. The caps are not available to a defendant without at least $1 million per occurrence in medical professional liability insurance. W. Va. Code § 55-7B-8 |
| Wisconsin | Total noneconomic damages for bodily injury from health care providers (including claims by family members, such as loss of consortium) are capped at $750,000 per occurrence on or after April 6, 2006. The same limit applies to long-term care providers. Juries make findings without regard to the cap, and the court reduces the award. Wis. Stat. §§ 893.55(4), 893.555 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.