The majority of states have placed damage caps, or limits, on the amount of money that a patient can receive in a medical malpractice case. Many of the laws in place put a cap on some of the noneconomic damages that a patient might suffer, such as pain and suffering and emotional damage, as part of broader healthcare and tort reform measures beginning nationwide in the early 1990s. To date, additional states have in place caps on both pecuniary and non-pecuniary damages, with certain states going so far as to cap long-term disability payments to plaintiffs’. Knowing the applicable statutory damage caps in a given state jurisdiction is essential to formulate a viable and strong medical malpractice claims case.

In 2022, Thirty-Five (35) States Maintain Caps on Damages in Medical Malpractice Lawsuits

The following is a list of states that statutorily impose caps when calculating damages in medical malpractice lawsuits as of 2022. The following states uphold damage caps:

1. Alaska – $250,000 for noneconomic damages, bumped to $400,000 for cases with severe impairment higher than 70% and for wrongful death.
2. California – The damage cap starts at $350,000. It increases yearly by $40,000 until it reaches $750,000 for noneconomic damages, bumped to $500,000, and increases each January 1 by $50,000 until it reaches $1 million for wrongful death. 
3. Colorado – There is a $1 million cap on the overall compensation the patient can receive, including medical expenses and noneconomic damages. The damage cap for solely noneconomic damages is $300,000.
4. Florida – There is a $500,000 cap on noneconomic damages against practitioners and a $750,000 cap against non-practitioners, bumped to $1 M if the negligence resulted in a permanent vegetative state or death for practitioners and $1.5 million for nonpractitioners.
5. Hawaii – Noneconomic damages are limited to $375,000 at this time.
6. Idaho – The state has a $250,000 cap on noneconomic damages, which can increase or decrease based on the average annual wage.
7. Indiana – The total amount recoverable from individual healthcare providers cannot exceed $500,000 for acts occurring after June 30, 2019. Malpractice that occurred after June 30, 2019, has a $1.8 million cap on overall damages.
8. Iowa – The total amount recoverable for noneconomic damages for personal injury or death against a health care provider shall be limited to $250,000 for any occurrence resulting in injury or death of a patient. The cap does not apply in cases of actual malice by the defendant, or the jury finds that imposing such a limitation would prevent the plaintiff from recovering fair compensation for injuries sustained.  
9. Kansas – There is a $250,000 noneconomic damages cap for acts occurring before July 1, 2014, and it goes up to $325,000 for acts occurring before July 1, 2022. Acts occurring on or after July 1, 2022, has a cap of $350,000.
10. Louisiana – The total damage cap in this state is $500,000, with the only exception being future medical care costs. Amounts over $100,000 are paid from the Louisiana Patient’s Compensation Fund.
11. Maine – Medical malpractice damages are not capped, but there is a limit of $500,000 in wrongful death cases.
12. Maryland – Maryland caps noneconomic damages for personal injury at $$500,000 for acts occurring on or after October 1, 1994, with a yearly increase of $15,000 annually. For acts occurring after October 2021, the cap is $845,000. The cap is multiplied by 150% for acts leading to wrongful death. 
13. Massachusetts – The state has noneconomic damage caps set at $500,000, but this does not apply in cases of disfigurement or permanent loss of bodily function.
14. Michigan – Adjusting for inflations from the original $280,000 in 1993, the standard cap on noneconomic damages in 2021 is $476,600 and $851,000 for specific permanent disabilities for causes of action arising after September 30, 1993.  
15. Mississippi – The noneconomic damages cap is set at $500,000 for any cause of action filed on or after September 1, 2004, in the state. For any cause of action filed on or after September 1, 2004, actual economic damages are capped at $1 million.
16. Missouri – The state imposes $400,000 in noneconomic damages for personal injury, bumped up to $700,000 for catastrophic personal injury or death. These limitations increase by 1.7% yearly, setting the cap at $450,098 and $787,671 for 2022, respectively.
17. Montana – The cap on noneconomic damages in the state is $250,000.
18. Nebraska – An incident of medical malpractice occurring before December 31, 2014, has a total damage cap (including economic and non-economic damages) of $2.25 million. Those that took place before this date but after December 31, 2003, have a cap of $1.75 million. Those that took place between December 31, 1992, and December 31, 2003, have a cap of $1.25 million. Under the state’s Hospital-Medical Liability Act, eligible health care providers will only pay up to $500,000 in total damages. Damages awarded over $500,000, subject to the relevant cap, come out of the state’s Excess Liability Fund. 
19. Nevada – The noneconomic damages are capped at $350,000 in the state.
20. New Hampshire – In any action for personal injury, the cap for non-economic damages is $875,000. 
21. New Jersey – The state has no cap for compensatory damages, including non-economic damages. However, it limits punitive damages to $350,000 or five times the amount of compensatory damages, whichever is greater.
22. New Mexico – The overall cap on all damages (except punitive damages and compensation for past or future medical care) against healthcare providers is $600,000 if the injury or death occurred before January 1, 2022, bumped up to $750,000 for independent providers. Beginning January 1, 2023, the per occurrence limit on recovery shall be adjusted annually by the consumer price index for all urban consumers. The cap for hospitals and outpatient healthcare facilities goes up in increments of $500,000 annually, starting from $4 million for injuries or deaths that occur in 2022. 
23. North Carolina – The state capped the noneconomic damages cap at $500,000 in 2014, but the Office of State Budget and Management resets it every three years. As of January 1, 2020, the cap for non-economic losses related to medical malpractice is $562,338. 
24. North Dakota – The state has a $500,000 noneconomic damage cap for medical malpractice cases.
25. Ohio – The noneconomic damages can’t be greater than $250,000 or three times the amount of economic damages, with a maximum of $350,000 for each plaintiff or $500,000 for each occurrence. The cap bumps up to $500,000 for each plaintiff or $1 million for each occurrence in the event of permanent and substantial physical deformity or disability resulting in an inability to self-care or perform life-sustaining activities.
26. Oklahoma – The noneconomic damages are capped at $350,000. The cap does not apply if the defendant is found to have shown a reckless disregard for others or been fraudulent, grossly negligent, or intentionally malicious. 
27. Oregon – There is a damage cap if the malpractice caused the patient’s wrongful death. The cap is set at $500,000.
28. South Carolina – The noneconomic damages cap is $350,000 for one health care provider and $1.05 million if the claim is against multiple defendants, except when the defendant caused the noneconomic damages due to gross negligence, wilful or wanton action, or reckless behavior.
29. South Dakota – The non-economic damages are capped at $500,000 for causes of action resulting in injury or death that occurred after July 1, 1976. There is no cap for economic or special damages.
30. Tennessee – In this state, the noneconomic damages are capped at $750,000, bumped up to $1 million in catastrophic injury cases.
31. Texas – The noneconomic damage cap is $250,000 for a single healthcare provider or institution, or $500,000 for multiple defendants.
32. Utah – Noneconomic damages are capped at $450,000 for causes of action that occurred on or after May 15, 2010.
33. Virginia – The current damage cap for all damages is $2.55 million (for judgments entered from July 1, 2022, to June 30, 2023), increasing by increments of $50,000 for each 12-month period. The cap applies to all causes of action that occurred on or after August 1, 1999.
34. West Virginia – The damage cap on noneconomic damages is $250,000, bumped up to $500,000 in the event of wrongful death, catastrophic injury, or disfigurement.
35. Wisconsin – The noneconomic damages are capped at $750,000 for each occurrence on or after April 6, 2006.

Note: Georgia – The damage cap in the state is $350,000 for noneconomic damages, increased to $700,000 if more than one defendant is liable. However, the Georgia Supreme Court deemed the cap unconstitutional in Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 286 Ga. 731, 733(2) (691 S.E.2d 218) (2010). The application of this cap may not apply when it comes to medical malpractice lawsuits filed in Georgia after 2010. The 2020 Georgia Code does not mention any caps for damages.

The Remaining State Jurisdictions and The District of Columbia Do Not Adhere to Damage Caps in Medical Negligence Tort Claims

The states that are not a party to the list above do not have statutory damage caps in place as of 2016. However, state laws are subject to annual change.

Moreover, venue selection and jurisdiction should be left to the decision of legal counsel that has close familiarity with the fact pattern of a given proposed medical malpractice claims case.