| Alabama |
None. Limits declared unconstitutional
by State Supreme Court. |
|
Alaska |
§09.17.010. Non-economic
damages limited to $400,000 or plaintiff's life expectancy calculation. Severe
injury, $1 million or life expectancy calculation. §9.17.020.
Punitive damages limited to $500,000 or 3 times compensatory damages. |
| Arizona |
None. Limits constitutionally
prohibited. |
| Arkansas |
§16-55-205 - 209.
Punitive damages
limited to $250,000 per plaintiff or 3 times amount of economic damages. Not to
exceed $1 million. Limits adjusted for inflation at 3-year intervals beginning
in 2006. Contingent on proof of recklessness or intentional malice. |
| California |
Civil Code §3333.2.
$250,000 limit for non-economic damages. |
|
Colorado |
§13-64-302.
$1 million total limit on all damages; $300,000 non-economic limitation. |
| Connecticut |
None. |
| Delaware |
§18.6855. Punitive
damages may be awarded only on finding of malicious intent to injure or willful
or wanton misconduct. No mandated limit. |
|
Florida |
§766.118. Non-economic
damages limited to $500,000 per claimant. Death or permanent vegetative state,
non-economic damages not to exceed $1 million. §768.73.
Punitive damages limited to the greater of 3 times amount of economic damages
or $500,000. If deliberate intent to harm, no limit on punitive damages. |
| Georgia |
§51.12.5.1. $250,000
limit on punitive damages, unless demonstrated intent to harm. |
| Hawaii |
§663.8.5, 8.7. $375,000
limit for pain and suffering damages. |
|
Idaho |
§6.1603-4. $250,000
limit on non-economic damages, adjusted annually according to the state's adjustment
of the average annual wage. Punitive damages limited to $250,000 or amount 3 times
of compensatory damages. |
|
Illinois |
§735 5/2-1115. Punitive
damages not recoverable in medical malpractice cases. All other limits held unconstitutional. |
| Indiana |
§34-18-4-3. $1,250,000
total limit. Liability limited to $250,000 per health care provider. Any award
beyond limits covered by Patient Compensation Fund. |
| Iowa |
None. |
| Kansas |
§60.19a02. $250,000
limit on non-economic damages recoverable by each party from all defendants. §60.3702.
Punitive damages limited to lesser of defendant's highest gross income for prior
5 years or $5 million. If profitability of misconduct exceeds limit, court may
award 1.5 times profit instead, Judge determines punitive damage. |
| Kentucky |
None. |
| Louisiana |
RS §40:1299.42. $500,000
limit for total recovery. Health care provider liability limited to $100,000.
Any award in excess of all liable providers paid from Patient's Compensation Fund. |
| Maine |
§18A.2.804. Damage
limits granted only in wrongful death cases. Non-economic damages limited to $400,000,
punitive damages limited to $75,000. |
|
Maryland |
§11-108. $500,000
limit on non-economic damages, raised $15,000 annually since 1995. 2004 limit
is $650,000. Increase applied to cause of action arising between Oct. 1 and Sept.
30 of a given year. |
|
Massachusetts |
§231.60H. $500,000
limit for non-economic damages, some exceptions released from limitations. |
| Michigan |
§600.1483. $280,000
limit on non-economic damages; $500,000 limit on non-economic damages applies
to certain other circumstance. Limit adjusted annually by state treasurer according
to consumer price index. |
|
Minnesota |
§549.20. No limitation
for punitive damages but are only allowed if defendant proven to have deliberate
disregard to safety. Award subject to judicial review. |
| Mississippi |
§11.1.60. $500,000
limit on non-economic damages. §11.1.65.
Punitive damages only awarded if willful malice or gross negligence proved.
Court determines if award granted and amount. Damages limited based on defendant's
net worth. |
| Missouri |
§538.210. Limit on
non-economic damages adjusted annually for inflation; set at $565,000 in 2004. |
| Montana |
§25.9.411. $250,000
limit on non-economic damages. §27-1-221.
Liability for punitive damages determined by court, defendant must have been
proven guilty of deliberate malice. |
|
Nebraska |
§44.2825. Total damages
limited to $1,750,000. Health care provider liability limited to $500,000. Any
excess of total liability of all health care providers paid from Excess Liability
Fund. |
| Nevada |
Nevada Ballot, 2004 Election.
Question 3, Passed. Amends NRS Ch. 41A. $350,000 limit on non-economic
damages, no exceptions. §42.005.
$300,000 or 3 times compensatory damages limit on punitive damages, only awarded
by court for fraud, oppression, or malice. |
|
New Hampshire |
None. Limits declared unconstitutional
by State Supreme Court. |
|
New Jersey |
§2A:15-5.14. $350,000
limit on punitive damages, or 5 times compensatory damages, whichever is greater. |
| New
Mexico | §41.5.6-7.
$600,000 total limit on all damages. Health care providers not liable for any
amount over $200,000; any judgment in excess paid from Patient's Compensation
Fund. |
| New
York | None. |
| North
Carolina | §1D-25.
$250,000 limit on punitive damages, or 3 times economic damages, whichever is
greater. |
| North
Dakota | §32.42.02.
$500,000 limit on non-economic damages. §32.03.2.08.
Economic damage awards in excess of $250,000 subject to court review. |
| Ohio |
§2323.43. No limits
on economic damages. $250,000 limit on non-economic damages or amount equal to
three times plaintiff's economic loss, determined by court. Maximum non-economic
damages $350,000 per plaintiff or $500,000 per occurrence. |
| Oklahoma |
§63-1-1708.1F. $300,000
limit on non-economic damages in all malpractice cases; limit also specific to
obstetric and emergency room care. No limits for negligence or wrongful death. §23-9.1.
Punitive damages awarded based on condition of misconduct. |
| Oregon |
None. 2004 ballot measure
to institute non-economic damage limits rejected by voters. §31.740.
Punitive damages not awarded if physician is found acting in scope of duties
without malice. |
| Pennsylvania |
None. Constitutionally prohibited. §40.1301.812-A.
Punitive damages granted only if defendant found guilty of willful misconduct
or reckless disregard. |
|
Rhode Island |
None. §9.19.34.1.
Collateral source rule requiring jury to reduce award for damages by
sum equal to difference between total benefits received and total amount paid
to secure benefits by plaintiff. |
|
South Carolina |
None. |
| South
Dakota | §21-3-11.
$500,000 limit on non-economic damages. No limit on special damages. |
| Tennessee |
None. |
| Texas |
§74.301. $250,000
limit per claimant for non-economic damages. $500,000 limit per claimant for non-economic
damages in judgments against health care institutions. |
| Utah |
§78.14.7.1. $400,000
limit on non-economic damages for actions arising after July 1, 2002. Adjusted
annually by Administrative Office of Courts. |
|
Vermont |
None. |
| Virginia |
§8.01-581.15. $1.5
million limit on recovery damages. Increased by $50,000 each year from 2001 to
2006. Increased by $75,000 each year in 2007 and 2008. |
| Washington |
§4.56.250. No specific
limits on damage awards. Judgment for non-economic damages cannot exceed formulation
of average annual wage and life expectancy of injured. |
| West
Virginia | §55.7B.8.
$250,000 limit for non-economic damages. $500,000 limit for compensatory damages,
limit goes up beginning in 2004 according to inflation index. Physicians must
carry at least $1 million malpractice insurance to qualify for limits. |
| Wisconsin |
§895.04. After 1995,
$350,000 damage limit adjusted annually for inflation. §893.55(4)(d).
$500,000 damage limit for death of a minor, and $350,000 damage limit for death
of an adult. |
| Wyoming |
§97.3.027. Limits
prohibited. 2004
ballot measure to institute non-economic damage limits rejected by voters. |