| Alabama |
Ruled unconstitutional by state courts |
| Alaska |
Non-economic: Including wrongful death or a disability considered more than 70% disabling: $400,000. No cap on economic damages – Alaska Statutes 09.17.010 |
| Arizona |
None |
| Arkansas |
None |
| California |
Non-economic: $250,000 No cap on economic damages – California Code of Civil Procedure sections 340.4 and 340.5 |
| Colorado |
Non-economic: $300,000 with total damages: $1,000,000 – Colorado Revised Statutes 13-80-102.5 |
| Connecticut |
None |
| Delaware |
None |
| District of Columbia |
None |
| Florida |
Non-Economic Damages: $500,000 for practitioners; $750,000 for non-practitioners; State Supreme Court ruled caps non-economic damages unconstitutional for wrongful death cases. No cap on economic damages. – Florida Statutes XLV.766.118 |
| Georgia |
Ruled unconstitutional by state courts |
| Hawaii |
Non-economic: $375,000 with limited exceptions. No cap on economic damages. – Hawaii Revised Statutes 663-8.7 |
| Idaho |
Non-economic $250,000, adjusted annually for inflation. No cap on economic damages. – Idaho Code section 6-1603 |
| Illinois |
Ruled unconstitutional by state courts |
| Indiana |
$1,250,000 total if it occurred after 1999. Providers liable for a maximum of $250,000 with the rest to be paid through state’s Patient Compensation Fund. – Indiana Code section 34-18-14-3 |
| Iowa |
None |
| Kansas |
Non-economic: $250,000 |
| Kentucky |
None |
| Louisiana |
$500,000 total plus the cost of future medical expenses. Health care providers liable for only $100,000 with the rest paid by compensation fund |
| Maine |
Non-economic: $500,000 on wrongful death. No other caps on medical malpractice cases. – Maine Revised Statutes Title 18A Section 2-804 |
| Maryland |
Non-economic: $740,000 as of 2015 to increase $15,000 annually. No cap on economic damages. |
| Massachusetts |
Non-economic damages: $500,000. No cap on economic damages. |
| Michigan |
Non-economic: As of 2015 $444,900 or $794,500 for catastrophic/disabling injuries. Adjusts annually for inflation. No cap on economic damages. |
| Minnesota |
None |
| Mississippi |
Non-economic: $500,000. No cap on economic damages. – Mississippi Code section 11-1-60. |
| Missouri |
Ruled unconstitutional by state courts |
| Montana |
Non-economic: $250,000. No cap on economic damages. – Montana Code Annotated section 25-9-411. |
| Nebraska |
$2,250,000 total except maximum of $500,000 for those qualifying entities under the Hospital-Medical Liability Act. – Nebraska Revised Statutes section 44-2825 |
| Nevada |
Non-economic: $350,000. No cap on economic damages. – Nevada Revised Statutes section 41A.035 |
| New Hampshire |
Ruled unconstitutional by state courts |
| New Jersey |
Only punitive damages capped |
| New Mexico |
Total: $600,000 except for past/future medical bills. Maximum provider liability is $200,000 with the rest paid by compensation fund. |
| New York |
None |
| North Carolina |
Non-economic: $500,000. No cap on economic damages. – North Carolina General Statutes section 90-21.19 |
| North Dakota |
Non-economic: $500,000 however any award above $250,000 may be reviewed by judge. |
| Ohio |
Non-economic: $250,000 or three times the plaintiff’s economic damages — with an overall maximum of $350,000 per plaintiff or $500,000 for each case (if there is more than one plaintiff). No cap on economic damages or wrongful death suits. – Ohio Revised Code section 2323.43. |
| Oklahoma |
Non-economic $350,000 for OB/ER cases or if there’s an offer of judgment. No cap on economic damages. – Oklahoma Statutes section 23-61.2. |
| Oregon |
Non-economic: $500,000 for wrongful death. |
| Pennsylvania |
Punitive: Twice actual damages |
| Rhode Island |
None |
| South Carolina |
Non-economic: $350,000 or facility against each provider adjusted annually for inflation. Total claim with multiple providers capped at $1,050,000. No cap on economic damages – South Carolina Code of Laws Title 15, Chapter 32. |
| South Dakota |
Non-economic: $500,000. No cap on economic damages – South Dakota Code of Laws section 21-3-11. |
| Tennessee |
None |
| Texas |
Non-economic damages: $250,000 physicians or providers. Additional $250,000 against each health care institution. No cap on economic damages – Texas Civil Practice and Remedies Code section 74.301. |
| Utah |
Non-economic $450,000. No cap on economic damages – Utah Code section 78B-3-410. |
| Vermont |
None |
| Virginia |
Total damages $2,000,000 after July 2008. – Virginia Code section 8.01-581.15. |
| Washington |
Ruled unconstitutional by state courts |
| West Virginia |
Non-economic $250,000, adjusted for inflation annually with an absolute maximum of $375,000. In catastrophic cases, $500,000 adjusted annually up to a max of $750,000. No cap on economic damages – West Virginia Code section 55-7B-8. |
| Wisconsin |
Non-economic $250,000, adjusted for inflation annually with an absolute maximum of $375,000. In catastrophic cases, $500,000 adjusted annually up to a max of $750,000. No cap on economic damages – Wisconsin Statutes section 893.55. |
| Wyoming |
Prohibited by state constitution |
