Medical malpractice caps by state

More than half of states in the U.S. have laws that limit the amount of money that can be awarded in a medical malpractice lawsuit. These damage caps lower the risk for physicians, allowing them to cut back on defensive treatment strategies and improve patient care.

The states with damage caps are as follows:


Each state has set their own cap that includes an overall maximum, noneconomic damages only, or a combination of the two. The cap amounts range anywhere from $250,000 to $2.25 million.

Of the remaining 21 states, there are 9 that had malpractice caps that were deemed unconstitutional, 8 that don’t have a cap, and 5 that have a constitutional provision prohibiting caps.


Additionally, Washington D.C. does not impose any damage caps for medical malpractice lawsuits.

As you’re considering where you’d like to practice long-term, take note of each state’s stance and how it will impact your career. Make sure you understand the nuances of the policies in the states you are looking at and take some time to review any associated risks.