Medical Malpractice Laws by State
Medical malpractice laws vary significantly from state to state. Compare damage caps, statutes of limitations, and average settlements across all 50 states and the District of Columbia.
| State | Damage Cap | Statute of Limitations | Avg. Settlement |
|---|---|---|---|
| Alabama | $400,000 non-economic damages | 2 years from the date of injury | $200,000 - $450,000 |
| Alaska | Formula-based cap: the greater of $400,000 or the injured person's life expectancy in years multiplied by $8,000 | 2 years from the date of the malpractice act | $175,000 - $400,000 |
| Arizona | No cap (the Arizona Constitution prohibits legislative caps on damages) | 2 years from the date of injury | $225,000 - $500,000 |
| Arkansas | No cap on damages | 2 years from the date of the act of malpractice | $150,000 - $350,000 |
| California | $350,000 non-economic damages (MICRA — increasing annually under AB 35 starting 2023; rises to $750,000 for non-death cases and $1,000,000 for death cases by 2033) | 1 year from discovery of the injury or 3 years from the date of injury, whichever comes first | $300,000 - $700,000 |
| Colorado | $300,000 non-economic damages (adjusted for inflation; approximately $468,000 as of recent adjustments). Total damages capped at $1,000,000 (adjusted). | 2 years from the date of the act giving rise to the claim | $200,000 - $475,000 |
| Connecticut | No cap on damages | 2 years from the date the injury is discovered or should have been discovered | $250,000 - $550,000 |
| Delaware | No cap on damages | 2 years from the date of injury | $200,000 - $475,000 |
| Florida | No cap (caps struck down as unconstitutional in 2017 by the Florida Supreme Court) | 2 years from the date the malpractice was or should have been discovered | $275,000 - $650,000 |
| Georgia | No cap (caps struck down as unconstitutional in 2010 by the Georgia Supreme Court) | 2 years from the date of the negligent act | $225,000 - $500,000 |
| Hawaii | No cap on damages | 2 years from the date of the act or omission | $200,000 - $475,000 |
| Idaho | Approximately $357,000 non-economic damages (adjusted annually for inflation) | 2 years from the date of the act, omission, or neglect | $150,000 - $350,000 |
| Illinois | No cap (caps struck down as unconstitutional in 2010 by the Illinois Supreme Court) | 2 years from the date the plaintiff discovered or should have discovered the injury | $300,000 - $700,000 |
| Indiana | $1,800,000 total damages cap (applies to qualified healthcare providers under the Indiana Medical Malpractice Act) | 2 years from the date of the act, omission, or neglect | $175,000 - $425,000 |
| Iowa | $250,000 non-economic damages (exceptions for substantial permanent loss of bodily function, substantial disfigurement, or death) | 2 years from the date the claimant knew or should have known of the injury | $175,000 - $400,000 |
| Kansas | $325,000 non-economic damages | 2 years from the date of the act giving rise to the cause of action | $175,000 - $400,000 |
| Kentucky | No cap on damages | 1 year from the date of the act or omission, or from the date of reasonable discovery | $175,000 - $425,000 |
| Louisiana | $500,000 total damages cap excluding future medical care and related benefits (applies to qualified healthcare providers under the Medical Malpractice Act) | 1 year from the date of the alleged act, omission, or neglect, or from the date of discovery | $150,000 - $400,000 |
| Maine | No cap on damages | 3 years from the date of the act or omission | $175,000 - $400,000 |
| Maryland | Approximately $890,000 non-economic damages (increases by $15,000 each year; applies per claim regardless of number of defendants) | 3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier | $225,000 - $550,000 |
| Massachusetts | $500,000 non-economic damages (with exceptions: the cap does not apply if there is a substantial or permanent loss of bodily function, disfigurement, or other special circumstances) | 3 years from the date the cause of action accrues | $250,000 - $575,000 |
| Michigan | Approximately $497,000 non-economic damages (adjusted annually for inflation; higher cap of approximately $887,000 for certain catastrophic injuries) | 2 years from the date of the act or omission | $225,000 - $500,000 |
| Minnesota | No cap on damages | 4 years from the date of the act or omission | $200,000 - $475,000 |
| Mississippi | $500,000 non-economic damages ($1,000,000 for catastrophic injuries) | 2 years from the date of the act or omission | $150,000 - $375,000 |
| Missouri | $400,000 non-economic damages ($700,000 for catastrophic personal injury involving death or certain severe injuries) | 2 years from the date of the act of negligence | $200,000 - $475,000 |
| Montana | $250,000 non-economic damages | 3 years from the date of the injury or the date the injury was discovered or should have been discovered | $150,000 - $350,000 |
| Nebraska | $2,250,000 total damages cap (applies to claims under the Nebraska Hospital-Medical Liability Act) | 2 years from the date the alleged act of malpractice occurred | $175,000 - $400,000 |
| Nevada | $350,000 non-economic damages | 3 years from the date of injury or 1 year from the date the injury was or should have been discovered, whichever is earlier | $200,000 - $450,000 |
| New Hampshire | No cap on damages | 3 years from the date of the act or omission | $175,000 - $400,000 |
| New Jersey | No cap on damages | 2 years from the date the malpractice occurred or from the date of reasonable discovery | $275,000 - $600,000 |
| New Mexico | $750,000 total damages cap for qualified healthcare providers under the Medical Malpractice Act (excludes punitive damages and medical care costs) | 3 years from the date of the act of malpractice | $175,000 - $400,000 |
| New York | No cap on damages | 2 years and 6 months from the date of the act, omission, or failure | $350,000 - $800,000 |
| North Carolina | $500,000 non-economic damages ($600,000 for claims involving death or serious physical disfigurement, loss of use of a body part, or permanent injury) | 3 years from the date of the last act giving rise to the cause of action | $200,000 - $475,000 |
| North Dakota | $500,000 non-economic damages | 2 years from the act or omission | $150,000 - $350,000 |
| Ohio | $250,000 or three times the plaintiff's economic damages, whichever is greater, with a maximum cap of $350,000 per plaintiff or $500,000 per occurrence (exceptions for catastrophic injuries) | 1 year from the date the cause of action accrued | $200,000 - $475,000 |
| Oklahoma | $350,000 non-economic damages | 2 years from the date the alleged act of negligence occurred | $175,000 - $400,000 |
| Oregon | $500,000 non-economic damages (exceptions apply for certain claims; the cap has been subject to legal challenges) | 2 years from the date the injury is first discovered or should have been discovered | $200,000 - $475,000 |
| Pennsylvania | No cap on damages | 2 years from the date the cause of action accrues | $300,000 - $700,000 |
| Rhode Island | No cap on damages | 3 years from the date of the incident | $200,000 - $450,000 |
| South Carolina | $350,000 non-economic damages per healthcare provider ($1,050,000 aggregate total per occurrence for multiple providers) | 3 years from the date of the treatment or the date the injury was or should have been discovered | $175,000 - $425,000 |
| South Dakota | No cap on damages | 2 years from the date of the act or omission | $150,000 - $325,000 |
| Tennessee | $750,000 non-economic damages ($1,000,000 for catastrophic injuries such as paraplegia, amputation, or severe burns) | 1 year from the date of the negligent act or omission | $200,000 - $450,000 |
| Texas | $250,000 non-economic damages per claimant against physicians and healthcare providers; $250,000 per hospital (up to $500,000 total against hospitals per claimant) | 2 years from the date of the breach or the last date of the relevant course of treatment | $225,000 - $550,000 |
| Utah | $450,000 non-economic damages | 2 years from the date of the alleged malpractice | $175,000 - $400,000 |
| Vermont | No cap on damages | 3 years from the date of the act or omission | $150,000 - $375,000 |
| Virginia | $2,550,000 total damages cap (increases by $50,000 each year starting July 1, 2022) | 2 years from the date of the act or omission | $225,000 - $525,000 |
| Washington | No cap on damages | 3 years from the date of the act or omission, or 1 year from the date the injury was or should have been discovered, whichever is later | $225,000 - $525,000 |
| West Virginia | $250,000 non-economic damages ($500,000 in cases involving wrongful death, permanent and substantial physical deformity, or loss of use of a limb or organ) | 2 years from the date of the injury or the date the injury was discovered or should have been discovered | $150,000 - $375,000 |
| Wisconsin | $750,000 non-economic damages | 3 years from the date of the injury or 1 year from the date the injury was discovered, whichever is later | $200,000 - $475,000 |
| Wyoming | No cap on damages | 2 years from the date of the alleged act, error, or omission | $125,000 - $300,000 |