Medical malpractice damages caps by state in 2026
Thirty-three U.S. states impose a cap on medical malpractice damages. The cap typically limits non-economic damages (pain and suffering) without limiting economic damages (medical bills and lost wages). This article lists the cap amount for every state and identifies recent court decisions that overturned or modified caps.
Medical malpractice damages caps by state in 2026
Thirty-three U.S. states cap medical malpractice damages. The cap typically limits non-economic damages (pain, suffering, loss of enjoyment) without limiting economic damages (medical bills, lost wages). This article lists the cap amount in every state, identifies recent court decisions that overturned or modified caps, and explains how caps interact with the survival action and wrongful death components of a medical malpractice claim.
Why medical malpractice damages caps exist
Medical malpractice damages caps were enacted in 33 states between 1975 and 2005 in response to physician concerns about rising malpractice insurance premiums. The caps limit the amount a jury can award for non-economic damages regardless of the verdict. Cap proponents argue the limits stabilize insurance markets; cap opponents argue the limits unconstitutionally restrict the right to a jury trial in cases of severe injury, particularly to children and stay-at-home parents whose economic damages are minimal.
Non-economic damages caps by state in 2026
| State | Non-economic cap | Indexing |
|---|---|---|
| Alaska | $250,000 (or $400,000 for severe injury, death) | None |
| California | $500,000 (rising to $750,000 by 2033) for non-death, $1,000,000 for death (MICRA reform 2023) | Annual incremental increase |
| Colorado | $300,000 (capped total of $1,000,000) | None |
| Florida | Caps held unconstitutional by Estate of McCall (2014); no current cap | n/a |
| Georgia | Cap held unconstitutional by Atlanta Oculoplastic Surgery (2010); no current cap | n/a |
| Hawaii | $375,000 | None |
| Idaho | $465,000 (2026 figure, indexed) | Annual CPI |
| Illinois | Cap held unconstitutional by Lebron (2010); no current cap | n/a |
| Indiana | Total damages cap $1,800,000; physician personal liability capped at $500,000 | None |
| Kansas | $350,000 (cap held constitutional in Hilburn 2017) | None |
| Louisiana | Total damages cap $500,000 (excluding future medical) | None |
| Maine | $500,000 (non-death) or $750,000 (death) | None |
| Maryland | $890,000 (2026 figure) | $15,000 annual increase |
| Massachusetts | $500,000 (waivable for severe injury) | None |
| Michigan | $549,400 / $980,500 (severe injury) (2026 figures) | Annual CPI |
| Mississippi | $500,000 | None |
| Missouri | $489,962 / $857,433 (catastrophic) (2026 figures) | Annual 1.7 percent |
| Montana | $250,000 | None |
| Nebraska | Total cap $2,250,000 | None |
| Nevada | $430,000 (rising $80,000 per year through 2028) | Schedule |
| New Hampshire | Cap held unconstitutional (1980); no current cap | n/a |
| New Mexico | $750,000 for individual provider; $5,000,000 hospital cap | None |
| North Carolina | $656,730 (2026 figure) | Annual CPI |
| North Dakota | $500,000 | None |
| Ohio | $250,000 / $500,000 (severe injury) plus separate occurrence cap | None |
| Oklahoma | $350,000 | None |
| Oregon | Cap held unconstitutional by Smothers (1999); no current cap | n/a |
| South Carolina | $486,373 per defendant; $1,459,118 aggregate (2026 figures) | Annual CPI |
| South Dakota | $500,000 | None |
| Tennessee | $750,000 / $1,000,000 (catastrophic) | None |
| Texas | $250,000 per physician; $500,000 per hospital; $750,000 aggregate | None |
| Utah | $450,000 | None |
| Virginia | $2,650,000 total cap (2026 figure) | $50,000 annual increase |
| West Virginia | $250,000 / $500,000 (catastrophic) | None |
| Wisconsin | $750,000 | None |
States with no medical malpractice damages cap in 2026
The following 17 states plus the District of Columbia have no cap on medical malpractice damages: Arizona, Arkansas, Connecticut, Delaware, the District of Columbia, Florida (cap struck down), Georgia (cap struck down), Illinois (cap struck down), Iowa, Kentucky, Minnesota, New Hampshire (cap struck down), New Jersey, New York, Oregon (cap struck down), Pennsylvania, Rhode Island, Vermont, Washington, and Wyoming.
How damages caps interact with economic damages
A medical malpractice damages cap in nearly every state limits non-economic damages only. Economic damages, which include past and future medical expenses, lost wages, and lost earning capacity, are not capped. A claimant with $3,000,000 in lifetime medical costs and lost earnings can recover the full economic amount in any state, plus the non-economic cap amount. A claimant whose injury produces minimal economic damages (a stay-at-home parent or a young child) sees the cap absorb a larger share of total recovery.
How caps interact with wrongful death
Many state caps apply only to claims by the injured patient (the survival action). Wrongful death claims by surviving family members may have separate caps, sometimes higher than the survival cap. California, Texas, and Indiana apply separate cap structures to wrongful death; Maryland applies a higher cap for wrongful death than for survival. See wrongful death claims explained for the recoverable damages categories.
Recent constitutional challenges to caps
Cap constitutionality has been litigated in every cap state. Courts that have overturned caps generally rely on three constitutional theories: violation of the right to jury trial, violation of equal protection by treating injured plaintiffs differently based on injury cause, and violation of separation of powers by legislative interference with judicial fact-finding. Florida (2014), Georgia (2010), Illinois (2010), New Hampshire (1980), Oregon (1999), and Washington (1989) have struck down caps. California modified its 1975 MICRA cap in 2023 to gradually rise.
Practical advice for a claimant in a cap state
A claimant in a state with a medical malpractice damages cap should evaluate two factors before filing: the projected economic damages and the survival-vs-death allocation. A case with high economic damages may exceed the non-economic cap by a large enough margin that the cap is not the controlling factor. A wrongful death case may benefit from the higher death cap that some states apply. An experienced medical malpractice attorney can model the recovery under several scenarios before deciding whether to file or to pursue a pre-suit settlement.
To find a medical malpractice attorney in a specific state, use the directory at injury-lawyer.help. Browse California, Texas, New York (no cap), Florida (no cap), or any of the 50 states. For practice-area-specific listings see medical malpractice attorneys.