What You Need to Know About Medical Malpractice Payouts By State
Certain states have a cap on the amount of money individuals may recover in a medical malpractice lawsuit, also known as a medical malpractice payout. Twenty-nine states currently have laws placing a cap on malpractice damages victims may receive. However, the average medical malpractice payout in medical malpractice lawsuits depends on the type of claim. Individuals should contact a lawyer to further discuss the details of their medical malpractice case to determine the payout.
Related: How to File a Medical Malpractice Lawsuit Without an Attorney
Medical Malpractice Caps By State
| State | Existence of a Cap on Medical Malpractice Damages? | Requirements |
| Alabama | No | Cap found unconstitutional |
| Alaska | Yes | $400,000 noneconomic damages including wrongful death or a disability considered more than 70% disabling; otherwise, cap is $250,000; for non-malpractice damages may not exceed |
| Arizona | No | Constitutional provision prohibiting caps |
| Arkansas | No | Constitutional provision prohibiting caps |
| California | Yes | $250,000 |
| Colorado | Yes | $300,000 noneconomic damages
$1,000,000 total damages |
| Connecticut | None | N/A |
| Delaware | None | N/A |
| District of Columbia (D.C.) | None | N/A |
| Florida | No | Cap found unconstitutional |
| Georgia | No | Cap found unconstitutional |
| Hawaii | Yes | $375,000 with limited exceptions for cases involving multiple defendants |
| Idaho | Yes | $250,000 adjusted annually for inflation |
| Illinois | No | Cap found unconstitutional |
| Indiana | Yes | $1,250,000 total damages after 1999
Providers liable for $250,000 |
| Iowa | Yes | $250,000 except in cases of substantial or permanent loss or impairment of bodily functions, substantial disfigurement, or wrongful death |
| Kansas | Yes | $350,000 cap for causes of action occurring on or after July 1, 2022 |
| Kentucky | No | Constitutional provision prohibiting caps |
| Louisiana | Yes | $500,000 total damages, plus the cost of future medical expenses
Providers liable for $100,000 |
| Maine | Yes | $500,000 cap on wrongful death only |
| Maryland | Yes | $650,000 increasing by $15,000 each year beginning in 2009, 125% for wrongful death claims |
| Massachusetts | Yes | $500,000 unless there is a “substantial or permanent loss or impairment of a bodily function or substantial disfigurement or other special circumstances warranting finding the imposition of such limitation would deprive plaintiff of just compensation for injuries” |
| Michigan | Yes | $454,410 as of 2018, $811,410 for disabling injuries as of 2018 but adjusts annually for inflation |
| Minnesota | No | N/A |
| Mississippi | Yes | $500,000 |
| Missouri | Yes | $420,749 increased to $736,310 for cases of catastrophe, personal injury, or wrongful death |
| Montana | Yes | $250,000 |
| Nebraska | Yes | $1,250,000 for malpractice occurring between 1993 and 2003, $1,750,000 for malpractice occurring between 2004 and 2014, $2,250,000 for malpractice occurring after 2014 |
| Nevada | Yes | $350,000 from each defendant |
| New Hampshire | No | Cap found unconstitutional |
| New Jersey | No | Only punitive damages capped |
| New Mexico | Yes | $600,00 cap on all damages except for past/future medical bills
$200,000 maximum provider liability |
| New York | No | N/A |
| North Carolina | Yes | $500,000 set in 2011, adjusted every year for inflation |
| North Dakota | Yes | $500,000 |
| Ohio | Yes | $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 constitutional provision prohibiting caps on wrongful death claims |
| Oklahoma | Yes | $350,000 |
| Oregon | No | Cap found unconstitutional |
| Pennsylvania | No | Constitutional provision preventing caps |
| Rhode Island | No | N/A |
| South Carolina | Yes | $1,050,000 – $350,000 against each provider, adjusted annually for inflation |
| South Dakota | Yes | $500,000 |
| Tennessee | Yes | $750,000 for non-catastrophic cases, $1,000,000 for catastrophic injuries including those to the spinal cord resulting in paraplegia, quadriplegia, amputation of hands/feet, and extensive burns |
| Texas | Yes | $250,000 against each health care facility, not exceeding $500,000 $250,000 against multiple individual health care providers |
| Utah | Yes | $450,000 Constitutional provision prohibiting caps on wrongful death claims |
| Vermont | No | N/A |
| Virginia | Yes | $2,500,000 and rise each year until topping out at $3,000,000 |
| Washington | No | Cap found unconstitutional |
| West Virginia | Yes | $250,000 $500,000 in catastrophic cases, including wrongful death, permanent and serious disfigurement, or an injury permanently preventing the plaintiff from being able to care for themselves and perform life-sustaining activities – but exceptions exist |
| Wisconsin | No | Cap found unconstitutional |
| Wyoming | No | Constitutional provision prohibiting caps |
Related: Medical Malpractice Statute of Limitations By State
All information above is accurate as of August 22nd, 2022. State statutes regarding medical malpractice caps are subject to change and exemptions depending on the case. Individuals should visit the state website where they live for further information on individual medical malpractice laws. Consult with a knowledgeable attorney to get any questions answered or for representation in a lawsuit regarding medical malpractice payouts.
Sources:
https://www.leveragerx.com/blog/medical-malpractice-payouts-by-state/
https://www.millerandzois.com/malpractice-damage-caps.html
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