Medical malpractice noneconomic damages caps by state
How much can a patient recover for pain and suffering in a medical malpractice case? The cap on noneconomic damages in 48 states and the District of Columbia: the dollar limit where one is in force, and where there is none, whether that is because no statute was passed, a court struck the cap down, or the state constitution forbids caps. New Jersey and Rhode Island are not covered yet. Most records quote the American Medical Association's 50-state damage-cap chart, which summarises the statutes rather than being them; California, Iowa, Maine, Michigan, Nebraska, Ohio and West Virginia also carry the statute's own text, and where the chart and the statute agree in different words both quotes are shown. A state appears more than once where its law caps different things separately: wrongful-death awards, catastrophic injuries, emergency care in a trauma centre, a per-provider ceiling under a compensation-fund scheme, or total damages rather than noneconomic damages alone. Several caps climb on a schedule (California to $750,000 over ten years, Colorado to $875,000 over five from 2025, Iowa by 2.1% each January from 2028) or are re-set annually for inflation (Michigan, by the state treasurer against the CPI), so a figure is only as good as the date printed beside it — each record gives the source's own as-of date rather than a present-day amount worked out by arithmetic. Answers 'medical malpractice damages cap in Ohio', 'does Florida have a cap on pain and suffering', 'California MICRA cap', 'noneconomic damages limit by state'. A reference lookup, not legal advice: per-defendant versus per-occurrence application, catastrophic-injury exceptions and wrongful-death distinctions all change the answer, and the record says so where the source does.
Records60
Sources8
Verified
Review by
Licenceunknown
4 records where two or more sources state different values. Both sides are reproduced on the record page, each with its own source and quote.
The data
| Type of cap | State | Cap amount | Currently effective amount | Constitutional status | Statutory citation | Inflation adjustment |
|---|---|---|---|---|---|---|
| Noneconomic damages | Alabama | None on pain and suffering. | No cap (unconstitutional) | Struck down as unconstitutional | ||
| Noneconomic damages | Alaska | $250,000 | $250,000 | In force | Alaska Statutes section 09.55.549. | |
| Wrongful death noneconomic damages | Alaska | $400,000 | $400,000 | In force | Alaska Statutes section 09.55.549. | |
| Noneconomic damages | Arizona | None - Constitution prohibits limiting recoverable damages. | No cap | Constitutional provision bars caps | ||
| Noneconomic damages | Arkansas | None. | No cap | No cap in force (reason not stated) | ||
| Noneconomic damagessources differ | California | three hundred fifty thousand dollars ($350,000) | In force | |||
| Wrongful death noneconomic damagessources differ | California | five hundred thousand dollars ($500,000) | In force | |||
| Noneconomic damages | Colorado | $300,000 | In force | Colorado Revised Statutes § 13-80-102.5. | Starting Jan. 1, 2025, the bill incrementally increases the noneconomic damages limitation to $875,000 over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. | |
| Wrongful death noneconomic damages | Colorado | $1.575 million over the course of 5 years | In force | Beginning January 1, 2025, the cap on medical malpractice wrongful death damages limitation to $1.575 million over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. | ||
| Noneconomic damages | Connecticut | None. | No cap | No cap in force (reason not stated) | ||
| Noneconomic damages | Delaware | None. | No cap | No cap in force (reason not stated) | ||
| Noneconomic damages | District of Columbia | None. | No cap | No cap in force (reason not stated) | ||
| Noneconomic damages | Florida | None. $500,000 damage cap overturned | No cap (unconstitutional) | Struck down as unconstitutional | ||
| Noneconomic damages | Georgia | None for either wrongful death or non-wrongful death medical liability cases. | No cap (unconstitutional) | Struck down as unconstitutional | ||
| Noneconomic damages | Hawaii | $375,000 | $375,000 | In force | Hawaii Statutes § 663-8.7. | |
| Noneconomic damages | Idaho | $250,000 cap on non-economic damages per claimant | In force | Idaho Code § 6-1603. | Cap has been adjusted annually starting on July 1, 2004, based on the average state wage increase. | |
| Noneconomic damages | Illinois | No Cap. $500,000 cap on non-economic damages for awards against physicians. $1 million cap on non-economic damages for awards against hospital. (2005). Ruled unconstitutional | No cap (unconstitutional) | Struck down as unconstitutional | ||
| Total damages | Indiana | $1.8 million total cap for any act of malpractice that occurs after 6/30/2019. | $1.8 million | In force | ||
| Noneconomic damages | Iowa | two hundred fifty thousand dollars unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained, in which case the amount recoverable shall not exceed one million dollars, or two million dollars if the civil action includes a hospital as defined in section 135B.1 | In force | Iowa Code 2026, Section 147.136A | shall increase by two and one-tenth percent on January 1, 2028, and each January 1 thereafter | |
| Noneconomic damages | Kansas | $350,000 | No cap (unconstitutional) | Struck down as unconstitutional | ||
| Noneconomic damages | Kentucky | None. | No cap | No cap in force (reason not stated) | ||
| Total damages | Louisiana | $500,000 cap on total damages, excluding damages recoverable for future medical care. | $500,000 | In force | ||
| Wrongful death noneconomic damages | Maine | damages not exceeding $1,000,000 adjusted for inflation as provided in section 1‑108 for the loss of comfort, society and companionship of the deceased | In force | Title 18-C, §2-807 | adjusted for inflation as provided in section 1‑108 for the loss of comfort, society and companionship of the deceased | |
| Noneconomic damages | Maryland | $650,000 | In force | the cap will increase annually by $15,000 per year | ||
| Noneconomic damages | Massachusetts | $500,000 | $500,000 | In force | Massachusetts General Laws Chapter 231, section 60H. | |
| Catastrophic injury noneconomic damages | Michigan | damages for noneconomic loss shall not exceed $500,000.00 | In force | Section 600.1483 | the state treasurer shall adjust the limitations on damages for noneconomic loss set forth in subsection (1) by amounts determined by the state treasurer at the end of each calendar year to reflect the cumulative annual percentage change in the consumer price index | |
| Noneconomic damages | Michigan | This cap is adjusted annually for inflation and in 2024 was $569k. | In force | This cap is adjusted annually for inflation | ||
| Noneconomic damages | Minnesota | None. | No cap | No cap in force (reason not stated) | ||
| Noneconomic damages | Mississippi | $500,000 cap on non-economic damages per plaintiff. | $500,000 | In force | Mississippi Code § 11-1-60. | |
| Catastrophic injury noneconomic damages | Missouri | $700,000 | In force | Missouri Revised Statutes § 538.210.1. | These caps increase by one and seven-tenths percent on an annual basis effective January first of each year. | |
| Noneconomic damages | Missouri | $400,000 | In force | Missouri Revised Statutes § 538.210.1. | These caps increase by one and seven-tenths percent on an annual basis effective January first of each year. | |
| Noneconomic damages | Montana | $250,000 cap on non-economic damages. | $250,000 | In force | Montana Code Annotated section 25-9-411 | |
| Per-provider total damages limit | Nebraska | shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of eight hundred thousand dollars for all claims or causes of action arising from any occurrence | In force | Nebraska Revised Statute 44-2825 | ||
| Total damages | Nebraska | $2.25M | $2.25M | In force | ||
| Noneconomic damages | Nevada | As of January 1, 2025, the cap is $510,000 | In force | NRS 41A.035 | The cap has to be increased $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the cap reaches $750,000. Starting Jan. 1, 2029, the cap will be increased every year by 2.1%. | |
| Noneconomic damages | New Hampshire | None. | No cap | No cap in force (reason not stated) | ||
| Total damages | New Mexico | $5 million cap on total damages for hospitals | In force | New Mexico Statutes § 41-5-6. | ||
| Noneconomic damages | New York | None. | No cap | No cap in force (reason not stated) | ||
| Noneconomic damages | North Carolina | $500,000 noneconomic damages cap for all claims brought by all parties arising out of the same professional services. | In force | This cap is indexed every three years for inflation starting on January 1, 2014. | ||
| Noneconomic damages | North Dakota | $500,000 cap on non-economic damages. | $500,000 | In force | North Dakota Century Code § 32-42-02. | |
| Catastrophic injury noneconomic damagessources differ | Ohio | five hundred thousand dollars for each plaintiff or one million dollars for each occurrence | In force | |||
| Noneconomic damagessources differ | Ohio | the greater of two hundred fifty thousand dollars or an amount that is equal to three times the plaintiff's economic loss, as determined by the trier of fact, to a maximum of three hundred fifty thousand dollars for each plaintiff or a maximum of five hundred thousand dollars for each occurrence | In force | |||
| Noneconomic damages | Oklahoma | $350,000 | No cap (unconstitutional) | Struck down as unconstitutional | ||
| Noneconomic damages | Oregon | $500,000 cap for non-economic damages found unconstitutional | No cap (unconstitutional) | Struck down as unconstitutional | ||
| Noneconomic damages | Pennsylvania | Constitution prohibits caps on non-economic damages. | No cap | Constitutional provision bars caps | ||
| Noneconomic damages | South Carolina | An award for non-economic damages against two or more health care providers or institutions cannot exceed $1.05 million with a single provider or institution not liable for more than $350,000. | In force | South Carolina 15-32-200 et seq. | These caps are adjusted annually for inflation based on the CPI. | |
| Noneconomic damages | South Dakota | $500,000 cap on non-economic damages. | $500,000 | In force | South Dakota Codified Laws § 21-3-11. | |
| Catastrophic injury noneconomic damages | Tennessee | $1 million in cases of catastrophic loss or injury | $1 million | In force | ||
| Noneconomic damages | Tennessee | $750,000 cap for non-economic damages for all injuries and occurrences in an action, including health care liability actions. | $750,000 | In force | ||
| Noneconomic damages | Texas | $250,000 cap on non-economic damages for judgments against physicians and health care providers | $250,000 | In force | Texas Civil Practice & Remedies Code § 74.301. | |
| Noneconomic damages | Utah | 50,000 | No cap (unconstitutional) | Struck down as unconstitutional | Utah Code § 78B-3-410. | |
| Noneconomic damages | Vermont | None. | No cap | No cap in force (reason not stated) | ||
| Total damages | Virginia | $2.65 million cap on total damages. | In force | Virginia Code § 8.01-581.15. | Cap will increase by $50,000 per year starting until the increases stop at $3 million for claims after July 1, 2031. | |
| Noneconomic damages | Washington | None. | No cap | No cap in force (reason not stated) | ||
| Catastrophic injury noneconomic damages | West Virginia | $500,000 | In force | Adjusted annually for inflation, but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000. | ||
| Emergency care total damages | West Virginia | the total amount of civil damages recoverable may not exceed $500,000, for each occurrence, exclusive of interest computed from the date of judgment, and regardless of the number of plaintiffs or the number of defendants | In force | §55-7B-9c | ||
| Noneconomic damages | West Virginia | $250,000 cap on non-economic damages per occurrence. | In force | |||
| Noneconomic damages | Wisconsin | $750,000 non-economic damages for medical negligence. | $750,000 | In force | Wisconsin Statutes § 893.55(4). | |
| Wrongful death noneconomic damages | Wisconsin | $500,000 per occurrence for minors and $350,000 per occurrence for adults. | In force | Wisconsin Statutes § 893.55(4). | ||
| Noneconomic damages | Wyoming | Constitution prohibits caps. | No cap | Constitutional provision bars caps |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 8 sources this dataset was assembled from.
- ama-assn.orghttps://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf
- leginfo.legislature.ca.govhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.2
- legis.iowa.govhttps://www.legis.iowa.gov/docs/code/147.136A.pdf
- legislature.maine.govhttps://legislature.maine.gov/statutes/18-C/title18-Csec2-807.html
- legislature.mi.govhttps://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-1483
- nebraskalegislature.govhttps://nebraskalegislature.gov/laws/statutes.php?statute=44-2825
- codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-2323.43
- code.wvlegislature.govhttps://code.wvlegislature.gov/55-7B-9c/
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.
From your own code
Same records, same quotes, without scraping the page: refsource is on PyPI and npm. Each value comes back carrying the URL it was read from and the sentence on that page that states it — .source and .quote sit on the value itself rather than in a side channel, so the checking step is available instead of skipped.
pip install refsource
refsource lookup state-medical-malpractice-damages-caps state=Alabama
npx -y refsource lookup state-medical-malpractice-damages-caps state=Alabama