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.

Medical malpractice noneconomic damages caps by state


**State:** Alabama

**Type of cap:** Noneconomic damages

**Cap amount:** None on pain and suffering.

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

> Alabama None on pain and suffering. Punitive damages capped at 3x compensatory damages or $500k (1.5mil if a physical injury) whichever is greater. Ala. Code 6-11-21. ($400k) P+S Cap was found unconstitutional in Moore v. Mobile Infirmary Assn’s, 592 So.2d 156 (Ala. 1991).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Alabama — Medical malpractice noneconomic damages caps by state


**State:** Alaska

**Type of cap:** Noneconomic damages

**Cap amount:** $250,000

**2026 amount:** $250,000

**Constitutional status:** In force

**Statutory citation:** Alaska Statutes section 09.55.549.

> Alaska $250,000 cap on non- economic damages; $400,000 cap on non- economic damages for wrongful death or severe permanent physical impairment that is more than 70% disabling. Alaska Statutes section 09.55.549.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Alaska — Medical malpractice noneconomic damages caps by state


**State:** Alaska

**Type of cap:** Wrongful death noneconomic damages

**Cap amount:** $400,000

**2026 amount:** $400,000

**Constitutional status:** In force

**Statutory citation:** Alaska Statutes section 09.55.549.

> Alaska $250,000 cap on non- economic damages; $400,000 cap on non- economic damages for wrongful death or severe permanent physical impairment that is more than 70% disabling. Alaska Statutes section 09.55.549.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Wrongful death noneconomic damages · Alaska — Medical malpractice noneconomic damages caps by state


**State:** Arizona

**Type of cap:** Noneconomic damages

**Cap amount:** None - Constitution prohibits limiting recoverable damages.

**2026 amount:** No cap

**Constitutional status:** Constitutional provision bars caps

> Arizona None - Constitution prohibits limiting recoverable damages.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Arizona — Medical malpractice noneconomic damages caps by state


**State:** Arkansas

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> Arkansas None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Arkansas — Medical malpractice noneconomic damages caps by state


**State:** California

**Type of cap:** Noneconomic damages

**Cap amount:** $350k starting January 1, 2023

**Inflation adjustment:** an incremental increase over the next 10 years to $750k and a 2.0% annual inflationary adjustment after that

**Constitutional status:** In force

> California In 2022, California enacted AB 35. Noneconomic damages in cases not involving a patient death are capped at $350k starting January 1, 2023, with an incremental increase over the next 10 years to $750k and a 2.0% annual inflationary adjustment after that. As of Jan.1, 2025, the cap is $430k. Cases involving a patient death will have a limit of $500k on the effective date of January 1, 2023, with an incremental increase over the next 10 years to $1 million and a 2.0% annual inflationary adjustment thereafter. As of Jan. 1, 2025, this cap is $600k. Cal. Civ. Code 333.2.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · California — Medical malpractice noneconomic damages caps by state


**State:** California

**Type of cap:** Noneconomic damages

**Cap amount:** three hundred fifty thousand dollars ($350,000)

**Constitutional status:** In force

> (b) In any action for injury that does not involve wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply: (1) Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of health care providers

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.2>


**State:** California

**Type of cap:** Wrongful death noneconomic damages

**Cap amount:** $500k on the effective date of January 1, 2023

**Inflation adjustment:** an incremental increase over the next 10 years to $1 million and a 2.0% annual inflationary adjustment thereafter

**Constitutional status:** In force

> California In 2022, California enacted AB 35. Noneconomic damages in cases not involving a patient death are capped at $350k starting January 1, 2023, with an incremental increase over the next 10 years to $750k and a 2.0% annual inflationary adjustment after that. As of Jan.1, 2025, the cap is $430k. Cases involving a patient death will have a limit of $500k on the effective date of January 1, 2023, with an incremental increase over the next 10 years to $1 million and a 2.0% annual inflationary adjustment thereafter. As of Jan. 1, 2025, this cap is $600k. Cal. Civ. Code 333.2.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Wrongful death noneconomic damages · California — Medical malpractice noneconomic damages caps by state


**State:** California

**Type of cap:** Wrongful death noneconomic damages

**Cap amount:** five hundred thousand dollars ($500,000)

**Constitutional status:** In force

> (c) In any action for wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply: (1) Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed five hundred thousand dollars ($500,000), regardless of the number of health care providers

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.2>


**State:** Colorado

**Type of cap:** Noneconomic damages

**Cap amount:** $300,000

**Inflation adjustment:** 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.

**Constitutional status:** In force

**Statutory citation:** Colorado Revised Statutes § 13-80-102.5.

> $300,000. 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. Colorado Revised Statutes § 13- 80-102.5. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Colorado — Medical malpractice noneconomic damages caps by state


**State:** Colorado

**Type of cap:** Wrongful death noneconomic damages

**Cap amount:** $1.575 million over the course of 5 years

**Inflation adjustment:** 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.

**Constitutional status:** In force

> $300,000. 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. Colorado Revised Statutes § 13- 80-102.5. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Wrongful death noneconomic damages · Colorado — Medical malpractice noneconomic damages caps by state


**State:** Connecticut

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> Connecticut None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Connecticut — Medical malpractice noneconomic damages caps by state


**State:** Delaware

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> Delaware None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Delaware — Medical malpractice noneconomic damages caps by state


**State:** District of Columbia

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> District of Columbia None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · District of Columbia — Medical malpractice noneconomic damages caps by state


**State:** Florida

**Type of cap:** Noneconomic damages

**Cap amount:** None. $500,000 damage cap overturned

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

> Florida None. $500,000 damage cap overturned, North Broward Hosp. Dist. V. Kalitan, 219 So.3d 49 (Fla. 2017).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Florida — Medical malpractice noneconomic damages caps by state


**State:** Georgia

**Type of cap:** Noneconomic damages

**Cap amount:** None for either wrongful death or non-wrongful death medical liability cases.

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

> Georgia None for either wrongful death or non-wrongful death medical liability cases. Courts have thus far ruled that specific caps enacted by the legislature were unconstitutional.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Georgia — Medical malpractice noneconomic damages caps by state


**State:** Hawaii

**Type of cap:** Noneconomic damages

**Cap amount:** $375,000

**2026 amount:** $375,000

**Constitutional status:** In force

**Statutory citation:** Hawaii Statutes § 663-8.7.

> Hawaii $375,000 cap on non- economic damages, with exceptions for certain types of damage, i.e., mental anguish. Hawaii Statutes § 663-8.7.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Hawaii — Medical malpractice noneconomic damages caps by state


**State:** Idaho

**Type of cap:** Noneconomic damages

**Cap amount:** $250,000 cap on non-economic damages per claimant

**Inflation adjustment:** Cap has been adjusted annually starting on July 1, 2004, based on the average state wage increase.

**Constitutional status:** In force

**Statutory citation:** Idaho Code § 6-1603.

> Idaho $250,000 cap on non- economic damages per claimant in all personal injury and wrongful death actions, effective in 2004. Cap has been adjusted annually starting on July 1, 2004, based on the average state wage increase. Cap does not apply to willful or reckless conduct or felonious acts. In 2024, the cap is $490,512. Idaho Code § 6-1603.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Idaho — Medical malpractice noneconomic damages caps by state


**State:** Illinois

**Type of cap:** Noneconomic damages

**Cap amount:** 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

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

> 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 – LeBron v. Gottlieb Memorial Hospital, 930 N.E.2D 895 (Ill. 2010).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Illinois — Medical malpractice noneconomic damages caps by state


**State:** Indiana

**Type of cap:** Total damages

**Cap amount:** $1.8 million total cap for any act of malpractice that occurs after 6/30/2019.

**2026 amount:** $1.8 million

**Constitutional status:** In force

> Indiana $1.25 million total cap for any act of malpractice that occurs after 6/30/1999 and before 7/1/2017. $1.65 million total cap for any act of malpractice that occurs after 6/30/2017 and before 7/1/2019. $1.8 million total cap for any act of malpractice that occurs after 6/30/2019.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Total damages · Indiana — Medical malpractice noneconomic damages caps by state


**State:** Iowa

**Type of cap:** Noneconomic damages

**Cap amount:** 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

**Inflation adjustment:** shall increase by two and one-tenth percent on January 1, 2028, and each January 1 thereafter

> The limitations on damages contained in subsection 2 shall increase by two and one-tenth percent on January 1, 2028, and each January 1 thereafter. In any civil action described in this section, such limitations on damages shall be the amount effective at the time of the occurrence.

**Constitutional status:** In force

**Statutory citation:** Iowa Code 2026, Section 147.136A

> Iowa Code 2026, Section 147.136A

> Subject to subsection 4, the total amount recoverable in any civil action for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against a health care provider for any occurrence resulting in injury or death of a patient regardless of the number of plaintiffs, derivative claims, theories of liability, or defendants in the civil action, shall not exceed 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.

Source: <https://www.legis.iowa.gov/docs/code/147.136A.pdf>

Noneconomic damages · Iowa — Medical malpractice noneconomic damages caps by state


**State:** Kansas

**Type of cap:** Noneconomic damages

**Cap amount:** $350,000

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

> Kansas In 2019, the Kansas Supreme Court in Hilburn v. Enerpipe Ltd., 309 Kan. 1127, 1144, 442 P.3d 509 (2019) ruled that a $350,000 on noneconomic damages was unconstitutional.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Kansas — Medical malpractice noneconomic damages caps by state


**State:** Kentucky

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> Kentucky None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Kentucky — Medical malpractice noneconomic damages caps by state


**State:** Louisiana

**Type of cap:** Total damages

**Cap amount:** $500,000 cap on total damages, excluding damages recoverable for future medical care.

**2026 amount:** $500,000

**Constitutional status:** In force

> Louisiana $500,000 cap on total damages, excluding damages recoverable for future medical care. A health care provider covered by the Patient’s Compensation Fund shall not be liable for more than $100,000.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Total damages · Louisiana — Medical malpractice noneconomic damages caps by state


**State:** Maine

**Type of cap:** Wrongful death noneconomic damages

**Cap amount:** 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

**Inflation adjustment:** adjusted for inflation as provided in section 1‑108 for the loss of comfort, society and companionship of the deceased

**Constitutional status:** In force

**Statutory citation:** Title 18-C, §2-807

> Title 18-C, §2-807: Actions for wrongful death

> In addition, the jury may give 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, including any damages for emotional distress arising from the same facts as those constituting the underlying claim, to the persons for whose benefit the action is brought.

Source: <https://legislature.maine.gov/statutes/18-C/title18-Csec2-807.html>

Wrongful death noneconomic damages · Maine — Medical malpractice noneconomic damages caps by state


**State:** Maryland

**Type of cap:** Noneconomic damages

**Cap amount:** $650,000

**Inflation adjustment:** the cap will increase annually by $15,000 per year

**Constitutional status:** In force

> Maryland The limit on non- economic damages is frozen at $650,000 until January 1, 2009, after which time the cap will increase annually by $15,000 per year. For 2025, the cap is $905k.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Maryland — Medical malpractice noneconomic damages caps by state


**State:** Massachusetts

**Type of cap:** Noneconomic damages

**Cap amount:** $500,000

**2026 amount:** $500,000

**Constitutional status:** In force

**Statutory citation:** Massachusetts General Laws Chapter 231, section 60H.

> Massachusetts $500,000 cap on non- economic damages, with exceptions for proof of substantial disfigurement or permanent loss or impairment of a bodily function, or other special circumstances which warrant a finding that imposition of such limitation would deprive the plaintiff of just compensation for the injuries sustained. Massachusetts General Laws Chapter 231, section 60H.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Massachusetts — Medical malpractice noneconomic damages caps by state


**State:** Michigan

**Type of cap:** Catastrophic injury noneconomic damages

**Cap amount:** damages for noneconomic loss shall not exceed $500,000.00

**Inflation adjustment:** 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

> Beginning April 1, 1994, 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.

**Constitutional status:** In force

**Statutory citation:** Section 600.1483

> MCL - Section 600.1483

> In a claim for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the medical malpractice of all defendants, shall not exceed $280,000.00 unless, as the result of the negligence of 1 or more of the defendants, 1 or more of the following exceptions apply as determined by the court pursuant to section 6304, in which case damages for noneconomic loss shall not exceed $500,000.00: (a) The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by 1 or more of the following: (i) Injury to the brain. (ii) Injury to the spinal cord. (b) The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living. (c) There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate.

Source: <https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-1483>

Catastrophic injury noneconomic damages · Michigan — Medical malpractice noneconomic damages caps by state


**State:** Michigan

**Type of cap:** Noneconomic damages

**Cap amount:** This cap is adjusted annually for inflation and in 2024 was $569k.

**Inflation adjustment:** This cap is adjusted annually for inflation

**Constitutional status:** In force

> Michigan There are two caps on non-economic damages. (1) One cap applies to cases not covered by (2). This cap is adjusted annually for inflation and in 2024 was $569k.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Michigan — Medical malpractice noneconomic damages caps by state


**State:** Minnesota

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> Minnesota None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Minnesota — Medical malpractice noneconomic damages caps by state


**State:** Mississippi

**Type of cap:** Noneconomic damages

**Cap amount:** $500,000 cap on non-economic damages per plaintiff.

**2026 amount:** $500,000

**Constitutional status:** In force

**Statutory citation:** Mississippi Code § 11-1-60.

> Mississippi $500,000 cap on non- economic damages per plaintiff. Mississippi Code § 11-1-60.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Mississippi — Medical malpractice noneconomic damages caps by state


**State:** Missouri

**Type of cap:** Catastrophic injury noneconomic damages

**Cap amount:** $700,000

**Inflation adjustment:** These caps increase by one and seven-tenths percent on an annual basis effective January first of each year.

**Constitutional status:** In force

**Statutory citation:** Missouri Revised Statutes § 538.210.1.

> Missouri In 2015, Missouri enacted a $400,000 cap on non-economic damages generally and a $700,000 cap on non-economic damages for cases involving catastrophic injury. These caps increase by one and seven-tenths percent on an annual basis effective January first of each year. In 2024, the respective caps were $450,000 and $787,671. These caps apply irrespective of the number of defendants. Missouri Revised Statutes § 538.210.1.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Catastrophic injury noneconomic damages · Missouri — Medical malpractice noneconomic damages caps by state


**State:** Missouri

**Type of cap:** Noneconomic damages

**Cap amount:** $400,000

**Inflation adjustment:** These caps increase by one and seven-tenths percent on an annual basis effective January first of each year.

**Constitutional status:** In force

**Statutory citation:** Missouri Revised Statutes § 538.210.1.

> Missouri In 2015, Missouri enacted a $400,000 cap on non-economic damages generally and a $700,000 cap on non-economic damages for cases involving catastrophic injury. These caps increase by one and seven-tenths percent on an annual basis effective January first of each year. In 2024, the respective caps were $450,000 and $787,671. These caps apply irrespective of the number of defendants. Missouri Revised Statutes § 538.210.1.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Missouri — Medical malpractice noneconomic damages caps by state


**State:** Montana

**Type of cap:** Noneconomic damages

**Cap amount:** $250,000 cap on non-economic damages.

**2026 amount:** $250,000

**Constitutional status:** In force

**Statutory citation:** Montana Code Annotated section 25-9-411

> Montana $250,000 cap on non- economic damages. Montana Code Annotated section 25- 9-411

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Montana — Medical malpractice noneconomic damages caps by state


**State:** Nebraska

**Type of cap:** Per-provider total damages limit

**Cap amount:** 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

**Constitutional status:** In force

**Statutory citation:** Nebraska Revised Statute 44-2825

> Nebraska Revised Statute 44-2825

> A health care provider qualified under the act 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 during the period that the act is effective with reference to such patient.

Source: <https://nebraskalegislature.gov/laws/statutes.php?statute=44-2825>

Per-provider total damages limit · Nebraska — Medical malpractice noneconomic damages caps by state


**State:** Nebraska

**Type of cap:** Total damages

**Cap amount:** $2.25M

**2026 amount:** $2.25M

**Constitutional status:** In force

> Nebraska Nebraska’s caps include economic and non-economic damages. Thus, the figures below represent a cap on a plaintiffs total damage award. For malpractice that allegedly occurred after December 31, 2014. The cap is $2.25M.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Total damages · Nebraska — Medical malpractice noneconomic damages caps by state


**State:** Nevada

**Type of cap:** Noneconomic damages

**Cap amount:** As of January 1, 2025, the cap is $510,000

**Inflation adjustment:** 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%.

**Constitutional status:** In force

**Statutory citation:** NRS 41A.035

> Nevada In June 2023, the Nevada governor approved AB 404. Prior to AB 404’s enactment, noneconomic damages were capped at 350,000, regardless of the number of plaintiffs, defendants or theories upon which liability could be based. 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%. As of January 1, 2025, the cap is $510,000. NRS 41A.035

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Nevada — Medical malpractice noneconomic damages caps by state


**State:** New Hampshire

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> New Hampshire None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · New Hampshire — Medical malpractice noneconomic damages caps by state


**State:** New Mexico

**Type of cap:** Total damages

**Cap amount:** $5 million cap on total damages for hospitals

**Constitutional status:** In force

**Statutory citation:** New Mexico Statutes § 41-5-6.

> New Mexico In 2024, a $5 million cap on total damages for hospitals, (excluding punitive damages (PD) and past and future medical care). In 2024, the cap for independent outpatient facilities is $1m. For independent physicians, the cap in 2023 was 750k and it is adjusted annually per CPI. Any award in excess of these caps shall be paid by the patient compensation fund. New Mexico Statutes § 41-5-6.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Total damages · New Mexico — Medical malpractice noneconomic damages caps by state


**State:** New York

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> New York None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · New York — Medical malpractice noneconomic damages caps by state


**State:** North Carolina

**Type of cap:** Noneconomic damages

**Cap amount:** $500,000 noneconomic damages cap for all claims brought by all parties arising out of the same professional services.

**Inflation adjustment:** This cap is indexed every three years for inflation starting on January 1, 2014.

**Constitutional status:** In force

> North Carolina In 2011, North Carolina enacted a $500,000 noneconomic damages cap for all claims brought by all parties arising out of the same professional services. This cap is indexed every three years for inflation starting on January 1, 2014. ($656,730 in 2023).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · North Carolina — Medical malpractice noneconomic damages caps by state


**State:** North Dakota

**Type of cap:** Noneconomic damages

**Cap amount:** $500,000 cap on non-economic damages.

**2026 amount:** $500,000

**Constitutional status:** In force

**Statutory citation:** North Dakota Century Code § 32-42-02.

> North Dakota $500,000 cap on non- economic damages. North Dakota Century Code § 32-42-02.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · North Dakota — Medical malpractice noneconomic damages caps by state


**State:** Ohio

**Type of cap:** Catastrophic injury noneconomic damages

**Cap amount:** $500,000 per plaintiff or $1 million for multiple plaintiffs

**Constitutional status:** In force

**Statutory citation:** Ohio Revised Code § 2323.43.

> For catastrophic injuries the maximum may increase to $500,000 per plaintiff or $1 million for multiple plaintiffs. Ohio Revised Code § 2323.43.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Catastrophic injury noneconomic damages · Ohio — Medical malpractice noneconomic damages caps by state


**State:** Ohio

**Type of cap:** Catastrophic injury noneconomic damages

**Cap amount:** five hundred thousand dollars for each plaintiff or one million dollars for each occurrence

**Constitutional status:** In force

> (3) The amount recoverable for noneconomic loss in a civil action under this section may exceed the amount described in division (A)(2) of this section but shall not exceed five hundred thousand dollars for each plaintiff or one million dollars for each occurrence if the noneconomic losses of the plaintiff are for either of the following: (a) Permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system; (b) Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life sustaining activities.

Source: <https://codes.ohio.gov/ohio-revised-code/section-2323.43>


**State:** Ohio

**Type of cap:** Noneconomic damages

**Cap amount:** the greater of $250,000; or three times economic damages up to a maximum of $350,000 per plaintiff

**Constitutional status:** In force

> Ohio Cap on non-economic damages of the greater of $250,000; or three times economic damages up to a maximum of $350,000 per plaintiff

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Ohio — Medical malpractice noneconomic damages caps by state


**State:** Ohio

**Type of cap:** Noneconomic damages

**Cap amount:** 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

**Constitutional status:** In force

> (2) Except as otherwise provided in division (A)(3) of this section, the amount of compensatory damages that represents damages for noneconomic loss that is recoverable in a civil action under this section to recover damages for injury, death, or loss to person or property shall not exceed 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.

Source: <https://codes.ohio.gov/ohio-revised-code/section-2323.43>


**State:** Oklahoma

**Type of cap:** Noneconomic damages

**Cap amount:** $350,000

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

> Oklahoma In 2011, Oklahoma enacted a $350,000 cap on noneconomic damages, subject to exceptions. In 2019, however, the Oklahoma Supreme Court held that Oklahoma’s cap on noneconomic damages was unconstitutional. Beason v. I. E. Miller Servs., Inc., 441 P.3d 1107 (Okla. 2019).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Oklahoma — Medical malpractice noneconomic damages caps by state


**State:** Oregon

**Type of cap:** Noneconomic damages

**Cap amount:** $500,000 cap for non-economic damages found unconstitutional

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

> Oregon $500,000 cap for non- economic damages found unconstitutional

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Oregon — Medical malpractice noneconomic damages caps by state


**State:** Pennsylvania

**Type of cap:** Noneconomic damages

**Cap amount:** Constitution prohibits caps on non-economic damages.

**2026 amount:** No cap

**Constitutional status:** Constitutional provision bars caps

> Pennsylvania Constitution prohibits caps on non-economic damages. Punitive damages are capped at 2 times actual damages.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Pennsylvania — Medical malpractice noneconomic damages caps by state


**State:** South Carolina

**Type of cap:** Noneconomic damages

**Cap amount:** 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.

**Inflation adjustment:** These caps are adjusted annually for inflation based on the CPI.

**Constitutional status:** In force

**Statutory citation:** South Carolina 15-32-200 et seq.

> a judgment against a single health care provider or institution. 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. These caps are adjusted annually for inflation based on the CPI. In 2024 the $350,000 cap was adjusted to $564,168 and the $1.05 cap to $1,692,503. South Carolina 15-32-200 et seq.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · South Carolina — Medical malpractice noneconomic damages caps by state


**State:** South Dakota

**Type of cap:** Noneconomic damages

**Cap amount:** $500,000 cap on non-economic damages.

**2026 amount:** $500,000

**Constitutional status:** In force

**Statutory citation:** South Dakota Codified Laws § 21-3-11.

> South Dakota $500,000 cap on non- economic damages. South Dakota Codified Laws § 21-3-11.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · South Dakota — Medical malpractice noneconomic damages caps by state


**State:** Tennessee

**Type of cap:** Catastrophic injury noneconomic damages

**Cap amount:** $1 million in cases of catastrophic loss or injury

**2026 amount:** $1 million

**Constitutional status:** In force

> Tennessee $750,000 cap for non- economic damages for all injuries and occurrences in an action, including health care liability actions. The limit on non-economic damages applies regardless of if the action is based on a single act or omission or on a series of acts or omissions. The cap shall include actions by the plaintiff as well as derivative (%), in which case recovery for any damages barred claims by a spouse or child of the claimant, including loss of consortium. The limit on compensation for non- economic damages may increase to $1 million in cases of catastrophic loss or injury

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Catastrophic injury noneconomic damages · Tennessee — Medical malpractice noneconomic damages caps by state


**State:** Tennessee

**Type of cap:** Noneconomic damages

**Cap amount:** $750,000 cap for non-economic damages for all injuries and occurrences in an action, including health care liability actions.

**2026 amount:** $750,000

**Constitutional status:** In force

> Tennessee $750,000 cap for non- economic damages for all injuries and occurrences in an action, including health care liability actions. The limit on non-economic damages applies regardless of if the action is based on a single act or omission or on a series of acts or omissions.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Tennessee — Medical malpractice noneconomic damages caps by state


**State:** Texas

**Type of cap:** Noneconomic damages

**Cap amount:** $250,000 cap on non-economic damages for judgments against physicians and health care providers

**2026 amount:** $250,000

**Constitutional status:** In force

**Statutory citation:** Texas Civil Practice & Remedies Code § 74.301.

> Texas $250,000 cap on non- economic damages for judgments against physicians and health care providers; additional $250,000 cap on non-economic damages for judgment against first health care institution; $250,000 cap on non- economic damages if judgment made on any subsequent health care institution. Texas Civil Practice & Remedies Code § 74.301.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Texas — Medical malpractice noneconomic damages caps by state


**State:** Utah

**Type of cap:** Noneconomic damages

**Cap amount:** 50,000

**2026 amount:** No cap (unconstitutional)

**Constitutional status:** Struck down as unconstitutional

**Statutory citation:** Utah Code § 78B-3-410.

> Utah Since 2010 Utah has had a 50,000 for non- economic damages. Utah Code § 78B-3- 410. The Utah Supreme Court has ruled that noneconomic damage caps in medical liability cases are unconstitutional. defe, 2015 UT 68, ¶ 18, 356 P.3d 1249.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Utah — Medical malpractice noneconomic damages caps by state


**State:** Vermont

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> Vermont None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Vermont — Medical malpractice noneconomic damages caps by state


**State:** Virginia

**Type of cap:** Total damages

**Cap amount:** $2.65 million cap on total damages.

**Inflation adjustment:** Cap will increase by $50,000 per year starting until the increases stop at $3 million for claims after July 1, 2031.

**Constitutional status:** In force

**Statutory citation:** Virginia Code § 8.01-581.15.

> Virginia Beginning July 1, 2024, $2.65 million cap on total damages. Cap will increase by $50,000 per year starting until the increases stop at $3 million for claims after July 1, 2031. Virginia Code § 8.01- 581.15.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Total damages · Virginia — Medical malpractice noneconomic damages caps by state


**State:** Washington

**Type of cap:** Noneconomic damages

**Cap amount:** None.

**2026 amount:** No cap

**Constitutional status:** No cap in force (reason not stated)

> Washington None.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Washington — Medical malpractice noneconomic damages caps by state


**State:** West Virginia

**Type of cap:** Catastrophic injury noneconomic damages

**Cap amount:** $500,000

**Inflation adjustment:** Adjusted annually for inflation, but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000.

**Constitutional status:** In force

> involving (1) wrongful death, (2) permanent and substantial physical deformity, loss of use of limb or loss of a bodily organ system, or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. Adjusted annually for inflation, but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Catastrophic injury noneconomic damages · West Virginia — Medical malpractice noneconomic damages caps by state


**State:** West Virginia

**Type of cap:** Emergency care total damages

**Cap amount:** 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

**Constitutional status:** In force

**Statutory citation:** §55-7B-9c

> §55-7B-9c. Limit on liability for treatment of emergency conditions for which patient is admitted to a designated trauma center; exceptions; emergency rules.

> In any action brought under this article for injury to or death of a patient as a result of health care services or assistance rendered in good faith and necessitated by an emergency condition for which the patient enters a health care facility designated by the Office of Emergency Medical Services as a trauma center, including health care services or assistance rendered in good faith by a licensed emergency medical services authority or agency, certified emergency medical service personnel or an employee of a licensed emergency medical services authority or agency, 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 or, in the case of wrongful death, regardless of the number of distributees.

Source: <https://code.wvlegislature.gov/55-7B-9c/>

Emergency care total damages · West Virginia — Medical malpractice noneconomic damages caps by state


**State:** West Virginia

**Type of cap:** Noneconomic damages

**Cap amount:** $250,000 cap on non-economic damages per occurrence.

**Constitutional status:** In force

> West Virginia $250,000 cap on non- economic damages per occurrence.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · West Virginia — Medical malpractice noneconomic damages caps by state


**State:** Wisconsin

**Type of cap:** Noneconomic damages

**Cap amount:** $750,000 non-economic damages for medical negligence.

**2026 amount:** $750,000

**Constitutional status:** In force

**Statutory citation:** Wisconsin Statutes § 893.55(4).

> Wisconsin $750,000 non- economic damages for medical negligence. A wrongful death action may be brought jointly with a negligence action. Wrongful death actions are capped at $500,000 per occurrence for minors and $350,000 per occurrence for adults. Wisconsin Statutes § 893.55(4).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Wisconsin — Medical malpractice noneconomic damages caps by state


**State:** Wisconsin

**Type of cap:** Wrongful death noneconomic damages

**Cap amount:** $500,000 per occurrence for minors and $350,000 per occurrence for adults.

**Constitutional status:** In force

**Statutory citation:** Wisconsin Statutes § 893.55(4).

> Wisconsin $750,000 non- economic damages for medical negligence. A wrongful death action may be brought jointly with a negligence action. Wrongful death actions are capped at $500,000 per occurrence for minors and $350,000 per occurrence for adults. Wisconsin Statutes § 893.55(4).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Wrongful death noneconomic damages · Wisconsin — Medical malpractice noneconomic damages caps by state


**State:** Wyoming

**Type of cap:** Noneconomic damages

**Cap amount:** Constitution prohibits caps.

**2026 amount:** No cap

**Constitutional status:** Constitutional provision bars caps

> Wyoming Constitution prohibits caps.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Noneconomic damages · Wyoming — Medical malpractice noneconomic damages caps by state