Many states have caps on the amount of damages that can be awarded in medical malpractice lawsuits. The laws regarding caps on damages in medical malpractice cases vary by state. While some states have caps on the amount of damages that can be awarded, others do not.
Medical Malpractice Damages Caps By State
Below is a summary of caps on medical malpractice damages for all 50 states. But please note that laws can change over time, and the specific caps and restrictions may vary by case. It is important to consult with a fertility malpractice attorney who is knowledgeable in the medical malpractice laws of the state where the malpractice occurred.
- Alabama – No cap on damages
- Alaska – No cap on damages
- Arizona – No cap on damages
- Arkansas – No cap on damages
- California – $350,000 cap on non-economic damages through MICRA (as of 2023)
- Colorado – No cap on damages
- Connecticut – No cap on damages
- Delaware – No cap on damages
- Florida – $500,000 cap on non-economic damages
- Georgia – $350,000 cap on non-economic damages
- Hawaii – No cap on damages
- Idaho – No cap on damages
- Illinois – $500,000 cap on non-economic damages, with certain exceptions
- Indiana – $1.25 million cap on non-economic damages
- Iowa – No cap on damages
- Kansas – $250,000 cap on non-economic damages
- Kentucky – No cap on damages
- Louisiana – $500,000 cap on non-economic damages, with certain exceptions
- Maine – No cap on damages
- Maryland – No cap on damages
- Massachusetts – No cap on damages
- Michigan – No cap on damages
- Minnesota – No cap on damages
- Mississippi – $1 million cap on non-economic damages
- Missouri – $400,000 cap on non-economic damages, with certain exceptions
- Montana – No cap on damages
- Nebraska – No cap on damages
- Nevada – No cap on damages
- New Hampshire – No cap on damages
- New Jersey – No cap on damages
- New Mexico – No cap on damages
- New York – No cap on damages
- North Carolina – No cap on damages
- North Dakota – $500,000 cap on non-economic damages
- Ohio – No cap on damages
- Oklahoma – No cap on damages
- Oregon – No cap on damages
- Pennsylvania – No cap on damages
- Rhode Island – No cap on damages
- South Carolina – No cap on damages
- South Dakota – No cap on damages
- Tennessee – No cap on damages
- Texas – No cap on damages
- Utah – No cap on damages
- Vermont – No cap on damages
- Virginia – No cap on damages
- Washington – No cap on damages
- West Virginia – No cap on damages
- Wisconsin – No cap on damages
- Wyoming – No cap on damages
It is important to note that some states have caps on certain types of damages, while others have caps on all damages. Some states also have exceptions to their caps, such as for cases involving intentional conduct, fraud, catastrophic injuries or gross negligence.
Hiring a Fertility Malpractice Attorney
If you or a loved one have been the victim of fertility center negligence or misconduct, please contact us for a free, confidential consultation. We are here to answer any questions you have and help you understand your legal options.
