Damage Caps By State

StateMedical Malpractice Damage Caps
AlabamaRuled unconstitutional by state courts
AlaskaNon-economic: Including wrongful death or a disability considered more than 70% disabling: $400,000. No cap on economic damages – Alaska Statutes 09.17.010
ArizonaNone
ArkansasNone
CaliforniaNon-economic: $250,000 No cap on economic damages – California Code of Civil Procedure sections 340.4 and 340.5
ColoradoNon-economic: $300,000 with total damages: $1,000,000 – Colorado Revised Statutes 13-80-102.5
ConnecticutNone
DelawareNone
District of ColumbiaNone
FloridaNon-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
GeorgiaRuled unconstitutional by state courts
HawaiiNon-economic: $375,000 with limited exceptions. No cap on economic damages. – Hawaii Revised Statutes 663-8.7
IdahoNon-economic $250,000, adjusted annually for inflation. No cap on economic damages. – Idaho Code section 6-1603
IllinoisRuled 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
IowaNone
KansasNon-economic: $250,000
KentuckyNone
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
MaineNon-economic: $500,000 on wrongful death. No other caps on medical malpractice cases. – Maine Revised Statutes Title 18A Section 2-804
MarylandNon-economic: $740,000 as of 2015 to increase $15,000 annually. No cap on economic damages.
MassachusettsNon-economic damages: $500,000. No cap on economic damages.
MichiganNon-economic: As of 2015 $444,900 or $794,500 for catastrophic/disabling injuries. Adjusts annually for inflation. No cap on economic damages.
MinnesotaNone
MississippiNon-economic: $500,000. No cap on economic damages. – Mississippi Code section 11-1-60.
MissouriRuled unconstitutional by state courts
MontanaNon-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
NevadaNon-economic: $350,000. No cap on economic damages. – Nevada Revised Statutes section 41A.035
New HampshireRuled unconstitutional by state courts
New JerseyOnly punitive damages capped
New MexicoTotal: $600,000 except for past/future medical bills. Maximum provider liability is $200,000 with the rest paid by compensation fund.
New YorkNone
North CarolinaNon-economic: $500,000. No cap on economic damages. – North Carolina General Statutes section 90-21.19
North DakotaNon-economic: $500,000 however any award above $250,000 may be reviewed by judge.
OhioNon-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.
OklahomaNon-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.
OregonNon-economic: $500,000 for wrongful death.
PennsylvaniaPunitive: Twice actual damages
Rhode IslandNone
South CarolinaNon-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 DakotaNon-economic: $500,000. No cap on economic damages – South Dakota Code of Laws section 21-3-11.
TennesseeNone
TexasNon-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.
UtahNon-economic $450,000. No cap on economic damages – Utah Code section 78B-3-410.
VermontNone
VirginiaTotal damages $2,000,000 after July 2008. – Virginia Code section 8.01-581.15.
WashingtonRuled unconstitutional by state courts
West VirginiaNon-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.
WisconsinNon-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.
WyomingProhibited by state constitution
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