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2023-06-29
MEDICAL MALPRACTICE DAMAGE CAPS
Medical malpractice cases have been on a rise for decades. Typically, there are two types of damages that can be claimed in a medical malpractice case – economic and non-economic damages. Many states have imposed limits on non economic damages that can be recovered in a malpractice case. The argument presented by these states is that the insurance premiums go up when high damages are awarded which in turn discourages medical practice. This argument has been criticized and caps on damages have been termed unconstitutional by some states. Caps violate the constitutional right to a trial by jury and should be taken up on an individual case basis.
The below given chart gives in brief the laws in each state with regards to medical malpractice damage caps:
|
States |
Damage Caps |
Damages (Economic/Non-economic/Punitive) |
Authority |
| Alabama | Unconstitutional by State courts; Punitive damages is thrice compensatory damages or $ 500,000, whichever is greater (1.5 million for physical injury), except, if defendant is small business (net worth < $2 million) then cap is $ 50,000 or 10% of the business’ net worth. No caps in wrongful death or intentional infliction of physical injury | Punitive | Ala. Code § 6-11-21 |
| Alaska | $250,000 cap; can bump upto $400,000 in cases of wrongful death or “severe permanent physical impairment” that is over 70 percent debilitating | Non-economic | Alaska Stat. §09.55.549 |
| Arizona | Unconstitutional by State constitution | Arizona Constitution Article 2, § 31 | |
| Arkansas | Unconstitutional by State constitution; Punitive damages shall not be more than the greater of $250,000, or compensatory damages not to exceed $1 million | Arkansas Codes §§16-55-205 to 16-55-209 | |
| California | $250,000 | Non-economic | Civil Code §3333.2 |
| Colorado | $300,000 (non-economic)- $1,000,000 (total limit on all damages) | Non-economic | C.R.S. §13-64-302 |
| Connecticut | No cap on compensatory damages; punitive damages are limited to the actual cost of the litigation, including attorney’s fees | Punitive | Berry v. Loiseau, 223 Conn. 786 (1992) |
| Delaware | No cap on compensatory damages; Punitive damages but no specified limit | Punitive | Del. Code Ann. tit. 18, § 6855 |
| District of Columbia | No applicable statute | ||
| Florida | $500,000- $1,000,000 against practitioners; $750,000- $1,500,000 against non-practitioners | Non-economic | Fla. Stat. §766.118 |
| Georgia | Unconstitutional by State courts; Punitive damages may not exceed $250,000 | Punitive | Ga. Code Ann. § 51-12-5. 1 |
| Hawaii | $375,000 | Non-economic | Hawaii Revised Statutes §663-8.7 |
| Idaho | $250,000, with an increase and decrease in accordance with Idaho Code §72-409(2) | Non-economic | Idaho Code §6-1603 |
| Illinois | Unconstitutional by State courts | ||
| Indiana | $250,000 for an individual health care provider; $750,000 for medical malpractice that occurred prior to July 1, 1999 (with a cap lower for pre-1989 cases); $1.25 million for health care treatment errors that occurred after June 30, 1999 | Non-economic | Indiana Code Chapter 34-18-14 |
| Iowa | Punitive damage without limitation | Iowa Code § 668A. 1 | |
| Kansas | $250,000 | Non-economic | Kansas Statutes §60-19a02 |
| Kentucky | Unconstitutional by State constitution | Kentucky Constitution §54 | |
| Louisiana | $500,000 (any amount over $100,000 to be paid out through the state Patient’s Compensation Fund) | Louisiana Revised Statutes §40:1299.42 | |
| Maine | Not codified; $500,000 | Cap is in accord with Maine Revised Statutes Title 18A §2-804 | |
| Maryland | $755,000 for 2015 (increases by $15,000 each year) | Non-economic | Courts & Judicial Proceedings Code §3-2A-09(A) |
| Massachusetts | $500,000 | Non-economic | Ch. 231 §60H |
| Michigan | $280,000; can be increased to $500,000 (bumped up to $774,000 as of 2013) | Non-economic | Michigan Compiled Laws §600.1483 |
| Minnesota | Punitive | Minn. Stat. § 549. 20 | |
| Mississippi | $500,000 | Non-economic | Mississippi Code §11-1-60 |
| Missouri | Unconstitutional by State Courts | ||
| Montana | $250,000 | Non-economic | Montana Code Annotated §25-9-411 |
| Nebraska | $1.75 million (health care providers qualifying under the state’s Hospital-Medical Liability Act won’t pay more than $500,000; and any amount above $500,000 is paid out from the state’s Excess Liability Fund) | Both economic and non-economic | Nebraska Revised Statutes §44-2825 |
| Nevada | $350,000 | Non-economic | Nevada Revised Statutes §41A.035 |
| New Hampshire | Unconstitutional by State Courts | Carson v. Maurer, 120 N.H. 925, 424 A.2d 825 (1980) and Brannigan v. Usitalso, 134 N.H. 50, 587 A.2d 1232 (1991) | |
| New Jersey | Punitive damages are limited to $350,000 or five times the amount of compensatory damages, whichever is greater | New Jersey Statutes §2A:15-5.14 | |
| New Mexico | $600,000 | Non-economic | New Mexico Statutes §41-5-6 |
| New York | No applicable statute | ||
| North Carolina | $500,000 | Non-economic | N.C. General Statutes §90-21.19 |
| North Dakota | $500,000 cap on non-economic damages; no statutory limit for economic damages but any award over $250,000 may be challenged and reviewed for reasonableness | Both economic and non-economic | N.D. Cent. Code §§32-42-02; 32-03.2-08 |
| Ohio | Non-economic damages not to exceed $250,000 or three times the economic damages ($350,000 per plaintiff or $500,000 for each case, which may bump up to $500,000 per plaintiff or $1 million per case if the malpractice caused certain permanent and/or catastrophic injuries); unconstitutional for wrongful death cases by State Constitution | Both economic and non-economic | Ohio Rev. Code Ann. §2323.43 |
| Oklahoma | $350,000 in all civil cases, unless the case involves wrongful death or the court finds “clear and convincing” evidence for gross negligence, reckless disregard, fraudulent intent, and/or with malice | Non-economic | Oklahoma Statutes §23-61.2 |
| Oregon | $500,000 for wrongful death cases only; Other non-economic caps are unconstitutional by State Courts | Non-economic | Or. Rev. Stat. § 30.020 |
| Pennsylvania | Unconstitutional by State Constitution. Exception for employees injured during the course of employment. | Pennsylvania Constitution Article 3, §18 | |
| Rhode Island | No applicable statute | ||
| South Carolina | $350,000, but total not to exceed $1.05 million | Non-economic | S.C. Code Laws §15-32-220 |
| South Dakota | $500,000 | Non-economic | S.D. Cod. Laws § 21-3-11 |
| Tennessee | $750,000 per claim (captures related claims made by the injured patient’s family members)- $1 million (in cases of “catastrophic” injury and certain instances of wrongful death) | Non-economic | Tennessee Civil Justice Act §29-39-101 et seq. (2011 Public Chapter 510) |
| Texas | $250,000 per claimant (against a physician/health care provider/a single health care institution; $500,000 per-claimant (against multiple health care institutions) | Non-economic | Texas Civ. Prac. & Rem. Code §74.301 |
| Utah | $450,000 for any medical malpractice case arising after May 15, 2010 | Non-economic | Utah Code §78B-3-410 |
| Vermont | No applicable statute | ||
| Virginia | $2.10 million for cases arising from July 1, 2013- June 30, 2014; $2.15 million for cases arising from July 1, 2014- June 30, 2015; $2.20 million for cases arising from July 1, 2015- June 30, 2016; $2.25 million for cases arising from July 1, 2016- June 30, 2017 (will stop increasing in 2031, when the limit is $3 million | Both economic and non-economic | Virginia Code §8.01-581.15 |
| Washington | Unconstitutional by State Courts | Sofie v. Fireboard Corp., 112 Wash. 2d 636, 771 P.2d 711 (1989) | |
| West Virginia | $250,000; bumps up to $500,000 if the malpractice resulted in certain catastrophic damages including wrongful death, permanent and serious disfigurement, or an injury that permanently prevents the plaintiff from being able to care for him/herself and perform life-sustaining activities | Non-economic | West Virginia Code §55-7B-8 |
| Wisconsin | $750,000 | Non-economic | Wisconsin Stat. §893.55 |
| Wyoming | Unconstitutional by State Constitution | Wyoming Constitution Article 10, § 4 |
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