Medical Liability/Medical Malpractice Laws

Financial Services

Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission. To recover damages, the patient must establish:

The physician owed a duty to the patient.

The standard of care and that the physician violated that standard.

A compensable injury.

The violation of the standard of care caused the harm suffered by the patient.

In civil cases, including medical liability/malpractice cases, damages including economic, noneconomic or punitive may be awarded. Economic damages are tangible, quantifiable and are based on monetary losses such as medical care including hospital bills, rehabilitative services, custodial care, out of pocket expenses and loss of earnings or earning capacity.

Noneconomic damages are used to compensate for more subjective, non-monetary losses, such as pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, loss of society and companionship, and the destruction or impairment of the parent-child relationship. In a medical liability or malpractice case, the economic damages plus the noneconomic damages equal the compensatory damages that could be awarded in the lawsuit.

In contrast, punitive damages, also called exemplary damages, are not awarded to compensate for losses suffered by the patient and so are not considered compensatory damages. Instead, punitive damages are awarded to punish the defendant for egregious conduct and to deter the defendant and others from committing the egregious conduct that gave rise to the lawsuit.

Thirty-seven states, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands have enacted limitations or caps on the amount of money a plaintiff may receive in a medical liability verdict on at least one type of damages. Nine states and the District of Columbia do not have a damage award limit or cap. Connecticut and Minnesota allow for a court to review of the damage awarded, but does not specify a specific limit or cap.

The chart below summarizes the statutory damage provisions for medical liability or malpractice cases, including noneconomic and punitive damages.

State:	Summary of Damage Provisions:
Alabama	Ala. Code §6-5-544 (a) In any action for injury whether in contract or in tort against a health care provider based on a breach of the standard of care, the injured plaintiff and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other nonpecuniary damage. (b) Limits on noneconomic damages (Ala. Code §6-5-544) declared unconstitutional by state Supreme Court (see Moore v. Mobile Infirmary Medical Center, 592 So.2d 156 (Ala. 1991)). Limits on wrongful death damages (Ala. Code §6-5-547) declared unconstitutional by state Supreme Court (see Smith v. Schulte, 671 So.2d 1334 (Ala. 1995)). Ala. Code §6-5-793 (b) For any health emergency claim or cause of action under subsection (a), the following provisions shall apply: (1) Notwithstanding any other provision of law, as a matter of law, a covered entity shall not be liable for negligence, premises liability, or for any non-wanton, non-willful, or non-intentional civil cause of action to which this section applies, unless the claimant shows by clear and convincing evidence that the covered entity did not reasonably attempt to comply with the then applicable public health guidance. (2) Notwithstanding any other provision of law, for a cause of action to which this section applies, a covered entity shall not be liable for damages from mental anguish or emotional distress or for punitive damages, but may be liable for economic compensatory damages in a cause of action that does not involve serious physical injury. (3) This section does not prohibit an award of punitive damages for wrongful death claims, but no other damages shall be allowed for such claims. Ala. Code §6-5-794 (a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state's response to the pandemic. (b) If a court determines that the immunity afforded in this section does not apply to a health care provider, this section may not be construed to supersede, amend, or modify any other law, emergency proclamation, order, rule, or governing legal standards or procedures for health care providers relating to the performance or provision of health care services or treatment provided by the health care provider, including the Alabama Medical Liability Act of 1987 or the Medical Liability Act of 1996, or any amendment to or judicial interpretation thereof. (c) In those instances where liability is established as required by subsection (a), and the acts or omissions do not result in serious physical injury, a health care provider's liability shall be limited to actual economic compensatory damages, and in no event shall the health care provider be liable for noneconomic or punitive damages. Ala. Code §6-11-21 (d) Except as provided in subsection (j), in all civil actions for physical injury wherein entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or $1.5 million, whichever is greater. (e) Except as provided in section 6-11-27, no defendant shall be liable for any punitive damages unless that defendant has been expressly found by the trier of fact to have engaged in conduct, as defined in section 6-11-20, warranting punitive damages, and such defendant shall be liable only for punitive damages commensurate with that defendant's own conduct. (f) As to all the fixed sums for punitive damage limitations set out herein in subsections (a), (b), and (d), those sums shall be adjusted as of Jan. 1, 2003, and as of January 1 at three-year intervals thereafter, at an annual rate in accordance with the Consumer Price Index rate. (g) The jury may neither be instructed nor informed as to the provisions of this section. (h) This section shall not apply to class actions. (i) Nothing herein shall be construed as creating a right to an award of punitive damages or to limit the duty of the court, or the appellate courts, to scrutinize all punitive damage awards, ensure that all punitive damage awards comply with applicable procedural, evidentiary, and constitutional requirements, and to order remittitur where appropriate. (j) This section shall not apply to actions for wrongful death or for intentional infliction of physical injury. (k) “Physical injury” for purposes of this section, means actual injury to the body of the claimant proximately caused by the act complained of and does not include physical symptoms of the mental anguish or emotional distress for which recovery is sought when such symptoms are caused by, rather than the cause of, the pain, distress, or other mental suffering. (l) No portion of a punitive damage award shall be allocated to the state or any agency or department of the state.
Alaska	Alaska Stat. §09.55.549 (a) Notwithstanding AS 09.17.010, noneconomic damages for personal injury or death based on the provision of services by a health care provider may only be awarded as provided in this section. (b) In an action to recover damages for personal injury or wrongful death based on the provision of services by a health care provider, damages may include both economic and noneconomic damages. (c) Damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage, but may not include hedonic damages. (d) Except as provided in (e) of this section, the damages awarded by a court or a jury under (c) of this section for all claims including a loss of consortium claim or other derivative claim arising out of a single injury may not exceed $250,000 regardless of the number of health care providers against whom the claim is asserted or the number of separate claims or causes of action brought with respect to the injury. (e) The damages awarded by a court or jury under (c) of this section for all claims including a loss of consortium claim or other derivative claim arising out of a single injury or death may not exceed $400,000 regardless of the number of health care providers against whom the claim is asserted or the number of separate claims or causes of action brought with respect to the injury or death when damages are awarded for wrongful death or severe permanent physical impairment that is more than 70% disabling. (f) The limitation on noneconomic damages in this section does not apply if the damages resulted from an act or omission that constitutes reckless or intentional misconduct. (g) Multiple injuries sustained by one person as a result of a single course of treatment shall be treated as a single injury for purposes of this section. (h) In this section, (1) “economic damages” means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for, or failure to provide, use, or pay for health care services or medical products, and includes past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, burial expenses, loss of use of property, cost of replacement or repair, loss of employment, and loss of business or employment opportunities; (2) “health care provider” has the meaning given in AS 09.55.560 and includes a state agency or municipality the health care services of which are the subject of an action that is subject to this section; (3) “hedonic damages” means damages that attempt to compensate for the pleasure of being alive. Alaska Stat. §09.17.020 (f) Except as provided in (g) and (h) of this section, an award of punitive damages may not exceed the greater of (1) three times the amount of compensatory damages awarded to the plaintiff in the action; or (2) the sum of $500,000. (g) Except as provided in (h) of this section, if the fact finder determines that the conduct proven under (b) of this section was motivated by financial gain and the adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greatest of (1) four times the amount of compensatory damages awarded to the plaintiff in the action; (2) four times the aggregate amount of financial gain that the defendant received as a result of the defendant's misconduct; or (3) the sum of $7 million.
Arizona	No limitations. Ariz. Const. Art. 2, §31 No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense. Ariz. Const. Art. 18, §6 The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.
Arkansas	No limitations. Ark. Const. Art. 5, §32 The General Assembly shall have power to enact laws prescribing the amount of compensation to be paid by employers for injuries to or death of employees, and to whom said payment shall be made. It shall have power to provide the means, methods, and forum for adjudicating claims arising under said laws, and for securing payment of same. Provided, that otherwise no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property; and in case of death from such injuries the right of action shall survive, and the General Assembly shall prescribe for whose benefit such action shall be prosecuted. Limits on punitive damages (Ark. Stat. Ann. §16-55-208) declared unconstitutional by state Supreme Court (see Bayer Cropscience LP v. Schafer, 385 S.W.3d 822 (Ark. 2011)).
California	Cal. Civil Code §3333.2 (a) In any action for injury against a health care provider or health care institution based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage, subject to the limitations in this section. (b) In any action for injury that does not involve wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply: (1) Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed $350,000, regardless of the number of health care providers, which does not include any unaffiliated health care providers that are responsible for noneconomic losses pursuant to paragraph (3). (2) Civil liability for damages for noneconomic losses against one or more health care institutions, collectively, shall not exceed $350,000, regardless of the number of health care institutions, which does not include any unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (3). (3) Civil liability for damages for noneconomic losses against one or more health care providers or health care institutions that are unaffiliated with a defendant described in paragraph (1) or (2) based on acts of professional negligence separate and independent from the acts of professional negligence of a defendant described in paragraph (1) or (2) and that occurred at, or in relation to medical transport to, a health care institution unaffiliated with a health care institution described in paragraph (2), collectively, shall not exceed $350,000, regardless of the number of defendants described in this paragraph, which does not include any unaffiliated health care providers or unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (1) or (2). (c) In any action for wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply: (1) Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed $500,000, regardless of the number of health care providers, which does not include any unaffiliated health care providers that are responsible for noneconomic losses pursuant to paragraph (3). (2) Civil liability for damages for noneconomic losses against one or more health care institutions, collectively, shall not exceed $500,000, regardless of the number of health care institutions, which does not include any unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (3). (3) Civil liability for damages for noneconomic losses against one or more health care providers or health care institutions that are unaffiliated with a defendant described in paragraph (1) or (2) based on acts of professional negligence separate and independent from the acts of professional negligence of a defendant described in paragraph (1) or (2) that occurred at, or in relation to medical transport to, a health care institution unaffiliated with a health care institution described in paragraph (2), collectively, shall not exceed $500,000, regardless of the number of defendants described in this paragraph, which does not include any unaffiliated health care providers or unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (1) or (2). (d) No health care provider defendant shall be liable for damages for noneconomic losses in more than one of the categories set forth in this section, regardless of the application or combined application thereof. (e) No health care institution defendant shall be liable for damages for noneconomic losses in more than one of the categories set forth in this section, regardless of the application or combined application thereof. (f) The applicable dollar amounts set forth in this section apply regardless of the number of defendant health care providers or health care institutions against whom the claim is asserted or the number of separate causes of actions on which the claim is based. For a claim subject to subdivision (b), the applicable dollar amounts set forth in subdivisions (b), (g), and (h) provide three separate limits of liability that may apply. For a claim subject to subdivision (c), the applicable dollar amounts set forth in subdivisions (c), (g), and (h) provide three separate limits of liability that may apply. (g) This section shall be deemed effective as of, and shall apply to all cases filed or arbitrations demanded on or after, Jan. 1, 2023. Thereafter, the dollar amounts set forth in subdivision (b) shall increase by $40,000 each January 1st for 10 years up to $750,000, and the dollar amounts set forth in subdivision (c) shall increase each January 1st by $50,000 for 10 years up to $1 million. The dollar amount in effect at the time of judgment, arbitration award, or settlement shall apply to an action, subject to subdivision (h). (h) The applicable amounts for noneconomic damages for personal injury of $750,000, and for wrongful death of $1 million, as set forth in subdivision (g), shall be adjusted for inflation on January 1 of each year by 2% beginning on Jan. 1, 2034. (i) In no action shall the amount of damages for noneconomic losses exceed the applicable dollar amounts set forth in subdivisions (b), (c), (g), or (h).
Colorado	Colo. Rev. Stat. §13-64-302 (1)(a) As used in this section: (I) “Derivative noneconomic loss or injury” means noneconomic loss or injury to persons other than the person suffering the direct or primary loss or injury. “Derivative noneconomic loss or injury” does not include punitive or exemplary damages. (II)(A) “Direct noneconomic loss or injury” means nonpecuniary harm for which damages are recoverable by the person suffering the direct or primary loss or injury, including pain and suffering, inconvenience, emotional stress, physical impairment or disfigurement, and impairment of the quality of life. “Direct noneconomic loss or injury” does not include punitive or exemplary damages. (B) Nothing in this section shall be construed to prohibit a recovery for economic damages, whether past or future, resulting from physical impairment or disfigurement. (b) The total amount recoverable for all damages for a course of care for all defendants in any civil action for damages in tort brought against a health-care professional, as defined in section 13-64-202, or a health-care institution, as defined in section 13-64-202, or as a result of binding arbitration, whether past damages, future damages, or a combination of both, shall not exceed the greater of $1 million, present value per patient, or 125% of the noneconomic damages limitations set forth in section 13-21-203(1)(b) in effect at the time the acts or omissions occurred, present value per patient, including any claim for derivative noneconomic loss or injury, of which not more than $250,000, present value per patient, including any derivative claim, shall be attributable to direct or derivative noneconomic loss or injury; except that, if, upon good cause shown, the court determines that the present value of past and future economic damages would exceed such limitation and that the application of such limitation would be unfair, the court may award in excess of the limitation the present value of additional past and future economic damages only. The limitations of this section are not applicable to a health-care professional who is a public employee under the “Colorado Governmental Immunity Act” and are not applicable to a certified health-care institution which is a public entity under the “Colorado Governmental Immunity Act.” For purposes of this section, “present value” has the same meaning as that set forth in section 13-64-202(7). The existence of the limitations and exceptions thereto provided in this section shall not be disclosed to a jury. (c)(I)(A) Effective July 1, 2003, the damages limitation of $250,000 described in subsection (1)(b) of this section shall be increased to $300,000, which increased amount shall apply to acts or omissions occurring on or after said date. It is the intent of the general assembly that the increase reflect an adjustment for inflation to the damages limitation. (B) Effective Jan. 1, 2025, in an action filed on or after that date that accrued on or after Jan. 1, 2024, but before Jan. 1, 2026, the damages limitation of $300,000 described in subsection (I)(c)(I)(A) of this section for direct or derivative noneconomic loss or injury is increased to $415,000. (C) Effective Jan. 1, 2026, the damages limitation of $415,000 described in subsection (1)(c)(I)(B) of this section is increased to $530,000, which increased amount applies to acts or omissions occurring on or after Jan. 1, 2026, but before Jan. 1, 2027. (D) Effective Jan. 1, 2027, the damages limitation of $530,000 described in subsection (1)(c)(I)(C) of this section is increased to $645,000, which increased amount applies to acts or omissions occurring on or after Jan. 1, 2027, but before Jan. 1, 2028. (E) Effective Jan. 1, 2028, the damages limitation of $645,000 described in subsection (1)(c)(I)(D) of this section is increased to $760,000, which increased amount applies to acts or omissions occurring on or after Jan. 1, 2028, but before Jan. 1, 2029. (F) Effective Jan. 1, 2029, the damages limitation of $760,000 described in subsection (1)(c)(I)(E) of this section is increased to $875,000, which increased amount applies to acts or omissions occurring on or after Jan. 1, 2029, but before Jan. 1, 2030. (G) Effective Jan. 1, 2030, the damages limitation in subsection (1)(c)(I)(F) of this section must be adjusted for inflation as of Jan. 1, 2030, and on January 1 every two years thereafter. The adjustments made on Jan. 1, 2030, and on January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitation specified in subsection (1)(c)(I)(F) of this section. The adjustments made pursuant to this subsection (1)(c)(I)(G) must be rounded upward or downward to the nearest $10 increment. As used in this subsection (1)(c), “inflation” means the annual percentage change in the U.S. Department of Labor's Bureau of Labor Statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its successor index. (II) The secretary of state shall certify the adjusted limitation on damages within 14 days after the appropriate information is available and shall publish the adjusted amount on the secretary of state's website. (III) The adjusted limitation on damages as of Jan. 1, 2030, and on January 1 every two years thereafter is applicable to acts or omissions occurring on and after the specified January 1 and before the January 1 two years thereafter. (2) In any civil action described in subsection (1) of this section, prejudgment interest awarded pursuant to section 13-21-101 that accrues during the time period beginning on the date the action accrued and ending on the date of filing of the civil action is deemed to be a part of the damages awarded in the action for the purposes of this section and is included within each of the limitations on liability that are established pursuant to subsection (1) of this section. Colo. Rev. Stat. §13-64-302.5 (1) The general assembly hereby finds, determines, and declares that it is in the public interest to establish a consistent and uniformly applicable standard for the determination, amount, imposition, and distribution of exemplary monetary damages arising from civil actions and arbitration proceedings alleging professional negligence in the practice of medicine. It is the intent of the general assembly that any such exemplary damages serve the public purposes of deterring negligent acts and where appropriate provide a form of punishment that is in addition to the disciplinary and licensing sanctions available to the Colorado Medical Board. (2) Notwithstanding any other provision of law to the contrary, the exemplary damages provided for in this section and authorized to be imposed upon a health-care professional shall be the only such damages imposed as a result of the negligence claim. (3) In any civil action or arbitration proceeding alleging negligence against a health-care professional, exemplary damages may not be included in any initial claim for relief. A claim for such exemplary damages may be asserted by amendment to the pleadings only after the substantial completion of discovery and only after the plaintiff establishes prima facie proof of a triable issue. If the court or arbitrator allows such an amendment to the complaint under this subsection (3), it may also, in its discretion, permit additional discovery on the question of exemplary damages. (4)(a) In any civil action or arbitration proceeding in which compensatory damages are assessed against a health-care professional, the judge or arbitrator, in his discretion, and only if it is shown at the trial or proceeding that the action complained of was attended by circumstances of fraud, malice, or willful and wanton conduct, may allow the trier of fact to impose reasonable exemplary damages, as provided in this subsection (4). The degree of proof shall be as provided in section 13-25-127(2). (b) The standards for awarding and the amount of exemplary damages, if imposed upon such health-care professional, shall be as provided in sections 13-21-102 and 13-25-127(2). (5)(a) No exemplary damages shall be imposed under subsection (4) of this section which were the result of the use of any drug or product approved for use by any state or federal regulatory agency and used within the approved standards therefor, or used in accordance with standards of prudent health-care professionals. (b) No exemplary damages shall be imposed under subsection (4) of this section which were the result of the use of any drug or product subject to the provisions of paragraph (a) of this subsection (5) when the clinically justified use of such drug or product is beyond the regulatory approvals or standards therefor and is in accordance with standards of prudent health-care professionals, and when such use has been agreed to pursuant to the written informed consent of the recipient. (6) No exemplary damages shall be assessed against a health-care professional as a result of the acts of others unless he specifically directed the act to be done or ratified the same. (7) For the purposes of this section, unless the context otherwise requires, “health-care professional” has the same meaning set forth in section 13-64-202(4). Colo. Rev. Stat. §13-21-102 (2) Notwithstanding the provisions of subsection (1) of this section, the court may reduce or disallow the award of exemplary damages to the extent that: (a) The deterrent effect of the damages has been accomplished; or (b) The conduct which resulted in the award has ceased; or (c) The purpose of such damages has otherwise been served. (3) Notwithstanding the provisions of subsection (1) of this section, the court may increase any award of exemplary damages, to a sum not to exceed three times the amount of actual damages, if it is shown that: (a) The defendant has continued the behavior or repeated the action which is the subject of the claim against the defendant in a willful and wanton manner, either against the plaintiff or another person or persons, during the pendency of the case; or (b) The defendant has acted in a willful and wanton manner during the pendency of the action in a manner which has further aggravated the damages of the plaintiff when the defendant knew or should have known such action would produce aggravation. Colo. Rev. Stat. §13-25-127 (2) Exemplary damages against the party against whom the claim is asserted shall only be awarded in a civil action when the party asserting the claim proves beyond a reasonable doubt the commission of a wrong under the circumstances set forth in section 13-21-102. Nothing in this subsection (2) shall be construed as preventing a party asserting the claim from being awarded money damages or other appropriate relief, other than exemplary damages, if he sustains the burden of proof by a preponderance of the evidence. Colo. Rev. Stat. §13-64-403 (1.5) Exemplary damages may be awarded in any arbitration proceeding held pursuant to this section in accordance with section 13-21-102(1) to (3) and (6). Any award of exemplary damages in a proceeding held pursuant to this section may be modified by the district court upon petition to the district court alleging that the award of such damages was either excessive or inadequate.
Connecticut	Conn. Gen. Stat. §52-228c If the jury renders a verdict specifying noneconomic damages in an amount exceeding $1 million, the court shall review the evidence presented to the jury to determine if the amount of noneconomic damages specified in the verdict is excessive as a matter of law in that it so shocks the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption. If the court so concludes, it shall order a remittitur and, upon failure of the party so ordered to remit the amount ordered by the court, it shall set aside the verdict and order a new trial. Conn. Gen. Stat. §19a-550 (e) Any nursing home facility, residential care home or chronic disease hospital that negligently deprives a patient of any right or benefit created or established for the well-being of the patient by the provisions of this section shall be liable to such patient in a private cause of action for injuries suffered as a result of such deprivation. Upon a finding that a patient has been deprived of such a right or benefit, and that the patient has been injured as a result of such deprivation, damages shall be assessed in the amount sufficient to compensate such patient for such injury. The rights or benefits specified in subsections (b) to (d), inclusive, of this section may not be reduced, rescinded or abrogated by contract. In addition, where the deprivation of any such right or benefit is found to have been willful or in reckless disregard of the rights of the patient, punitive damages may be assessed. A patient may also maintain an action pursuant to this section for any other type of relief, including injunctive and declaratory relief, permitted by law. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit under this section.
Delaware	Del. Code Ann. tit. 18, §6855 In any action for medical negligence, punitive damages may be awarded only if it is found that the injury complained of was maliciously intended or was the result of willful or wanton misconduct by the health-care provider, and may be awarded only if separately awarded by the trier of fact in a separate finding from any finding of compensatory damages which separate finding shall also state the amounts being awarded for each such category of damages. Injuries shall not be considered maliciously intended in instances in which unforeseen damage or injury results from intended medication, manipulation, surgery, treatment or the intended omission thereof, administered or omitted without actual malice or if the intended treatment is applied or omitted by mistake to or for the wrong patient or wrong organ.
District of Columbia	No applicable statute.
Florida	Fla. Stat. §766.118 No limitations in medical malpractice wrongful death or personal injury medical malpractice cases. Limits on noneconomic damages in wrongful death cases (Fla. Stat. §766.118(2)) declared unconstitutional by state Supreme Court (see Estate of McCall v. U.S., 134 So.3d 894 (Fla. 2014)). Limits on noneconomic damage awards in personal injury medical malpractice actions (§766.118(2) and (3)) declared unconstitutional by state Supreme Court (see North Broward Hospital v. Kalitan, 219 So.3d 49 (Fla. 2017)). Limitation on noneconomic damages for negligence of a practitioner providing services and care to a Medicaid recipient (Fla. Stat. §766.118(6)) declared unconstitutional by state circuit court (see Coleman v. Gibbs, 2024 WL 3410527 (Fla. 2024)). (4) Limitation on noneconomic damages for negligence of practitioners providing emergency services and care.--Notwithstanding subsections (2) and (3), with respect to a cause of action for personal injury or wrongful death arising from medical negligence of practitioners providing emergency services and care, as defined in section 395.002(9), or providing services as provided in section 401.265, or providing services pursuant to obligations imposed by 42 U.S.C. section 1395dd to persons with whom the practitioner does not have a then-existing health care patient-practitioner relationship for that medical condition: (a) Regardless of the number of such practitioner defendants, noneconomic damages shall not exceed $150,000 per claimant. (b) Notwithstanding paragraph (a), the total noneconomic damages recoverable by all claimants from all such practitioners shall not exceed $300,000. The limitation provided by this subsection applies only to noneconomic damages awarded as a result of any act or omission of providing medical care or treatment, including diagnosis that occurs prior to the time the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the limitation provided by this subsection applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery. (5) Limitation on noneconomic damages for negligence of nonpractitioner defendants providing emergency services and care.--Notwithstanding subsections (2) and (3), with respect to a cause of action for personal injury or wrongful death arising from medical negligence of defendants other than practitioners providing emergency services and care pursuant to obligations imposed by section 395.1041 or section 401.45, or obligations imposed by 42 U.S.C. section 1395dd to persons with whom the practitioner does not have a then-existing health care patient-practitioner relationship for that medical condition: (a) Regardless of the number of such nonpractitioner defendants, noneconomic damages shall not exceed $750,000 per claimant. (b) Notwithstanding paragraph (a), the total noneconomic damages recoverable by all claimants from all such nonpractitioner defendants shall not exceed $1.5 million. (c) Nonpractitioner defendants may receive a full setoff for payments made by practitioner defendants. The limitation provided by this subsection applies only to noneconomic damages awarded as a result of any act or omission of providing medical care or treatment, including diagnosis that occurs prior to the time the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the limitation provided by this subsection applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery. Fla. Stat. §768.73 Punitive damages limited to the greater of three times amount of compensatory damages or $500,000. Where the wrongful conduct was motivated solely by unreasonable financial gain and the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually known by the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant, the amount of punitive damages shall not to exceed the greater of four times the amount of compensatory damages or $2 million. Where the defendant had a specific intent to harm, and the defendant's conduct did in fact harm the claimant, there shall be no cap on punitive damages.
Georgia	Ga. Code §51-12-5.1 (a) As used in this Code section, the term “punitive damages” is synonymous with the terms “vindictive damages,” “exemplary damages,” and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant. (b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. (c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant. (d)(1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings. (2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable. (f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor but such damages shall not be the liability of any defendant other than an active tort-feasor. (g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000. (h) This Code section shall apply only to causes of action arising on or after April 14, 1997. Limits on noneconomic damages (Ga. Code §51-13-1) declared unconstitutional by state Supreme Court (see Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al., 691 S.E.2d 218 (Ga. 2010)).
Guam	Guam Code Ann. tit. 10, §10131 Damages shall be monetary only and shall be without limitation as to nature or amount unless otherwise provided by law. Guam Code Ann. tit. 5, §6301 (a) In all cases, neither line agencies nor autonomous agencies nor the government of Guam shall be liable for interest prior to the date of judgment, nor for any punitive damages, nor for attorney's fees of the claimant; provided, that attorney's fees may be awarded a successful claimant as part of a final court judgment if the court finds that suit was filed only because the government of Guam failed to act upon the claim before the expiration of the time specified in section 6208(b) of this chapter and such failure resulted from failure to investigate the claim. (b) The government of Guam, in the case of line agencies, shall be liable in tort for not more than $200,000 in an action for wrongful death, nor for more than $500,000 in any other tort action. (c) Each autonomous agency shall be liable for torts committed by it for not more than the amounts stated in subsection (b), above. (d) (1) In the case of the Guam Memorial Hospital Authority, it shall also be liable in tort, not to exceed the limits stated in subsection (b), above, for damages arising from negligent acts of government health professionals performed within facilities operated by said Authority as agents of the government of Guam at the request of the government or performed at the private medical facility of a private physician acting as a government health professional for follow up care to a house patient limited to specific treatment for the condition(s) medically diagnosed by the physician or the emergency room physician while treating house patients at the Guam Memorial Hospital. Government health professionals shall be considered agents of the government of Guam within the meaning of section 6212 of this chapter. (2) Government health professionals performing services in government facilities other than those operated by the Guam Memorial Hospital Authority shall be considered agents of the line department or autonomous agency they serve. (3) A government health professional is any person who is licensed or certified to practice a healing art in Guam and (A) is practicing that art within a government of Guam facility as an agent of the government of Guam; or (B) performing follow up care to a house patient within a private medical facility, which follow up care is limited to specific treatment for the condition(s) medically diagnosed by the physician or the emergency room physician while treating the house patient at the Guam Memorial Hospital. (4) Government health professionals, including independent contractors serving as agents of the government and government employees covered under the provisions of the Government Claims Act, shall not be liable for more than the amount stated in subsection (b). Any award against the government employer as herein provided bars further award from the health professional or the government employee in the same cause of action for injuries arising out of the same acts or omissions unless: (A) to the extent that any liability of the government of Guam or all other government agencies, (including, but not limited to, all instrumentalities, autonomous agencies, semiautonomous agencies, public corporations), is covered by a policy or policies of insurance, the government waives the limitation of liability found in Title 5 of the Guam Code Annotated, section 6301; provided, that the government shall not be liable in damages for tort in any amount which exceeds the coverage of insurance and the limitation of liability contained in 5 GCA section 6213; or (B) the court finds that the agent or the government employee was acting outside the scope of her/his employment. Guam Code Ann. tit. 7, §12116 Any exemplary damages awarded to a client in a tort suit based on health care or professional services shall be placed in a special fund that may be expended at the discretion of the administrator, Guam Memorial Hospital, for the improvement of medical services within the territory of Guam.
Hawaii	Hawaii Rev. Stat. §663-8.7 Noneconomic damages recoverable for pain and suffering shall be limited to a maximum award of $375,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2).
Idaho	Idaho Code §6-1603 (1) In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of $250,000; provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage as computed pursuant to section 72-409(2), Idaho Code. (2) The limitation contained in this section applies to the sum of: (a) noneconomic damages sustained by a claimant who incurred personal injury or who is asserting a wrongful death; (b) noneconomic damages sustained by a claimant, regardless of the number of persons responsible for the damages or the number of actions filed. (3) If a case is tried to a jury, the jury shall not be informed of the limitation contained in subsection (1) of this section. (4) The limitation of awards of noneconomic damages shall not apply to: (a) Causes of action arising out of willful or reckless misconduct. (b) Causes of action arising out of an act or acts which the trier of fact finds beyond a reasonable doubt would constitute a felony under state or federal law. Idaho Code §6-1604 (1) In any action seeking recovery of punitive damages, the claimant must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted. (2) In all civil actions in which punitive damages are permitted, no claim for damages shall be filed containing a prayer for relief seeking punitive damages. However, a party may, pursuant to a pretrial motion and after hearing before the court, amend the pleadings to include a prayer for relief seeking punitive damages. The court shall allow the motion to amend the pleadings if, after weighing the evidence presented, the court concludes that, the moving party has established at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. A prayer for relief added pursuant to this section shall not be barred by lapse of time under any applicable limitation on the time in which an action may be brought or claim asserted, if the time prescribed or limited had not expired when the original pleading was filed. (3) No judgment for punitive damages shall exceed the greater of $250,000 or an amount which is three times the compensatory damages contained in such judgment. If a case is tried to a jury, the jury shall not be informed of this limitation. The limitations on noneconomic damages contained in section 6-1603, Idaho Code, are not applicable to punitive damages. (4) Nothing in this section is intended to change the rules of evidence used by a trier of fact in finding punitive damages.
Illinois	Ill. Rev. Stat. ch.735, §5/2-1115 Punitive damages not recoverable in medical malpractice cases. Limits on noneconomic damages (Ill. Rev. ch. 735, §5/2-1115.1) declared unconstitutional by state Supreme Court (see LeBron v. Gottlieb Memorial Hospital, (Ill. Feb. 2010)).
Indiana	Ind. Code §34-18-14-3 (a) The total amount recoverable for an injury or death of a patient may not exceed the following: (3) $1.25 million for an act of malpractice that occurs: (A) after June 30, 1999; and (B) before July 1, 2017. (4) $1.65 million for an act of malpractice that occurs: (A) after June 30, 2017; and (B) before July 1, 2019. (5) $1.8 million for an act of malpractice that occurs after June 30, 2019. (b) A health care provider qualified under this article (or IC 27-12 before its repeal) is not liable for an amount in excess of the following: (1) $250,000 for an act of malpractice that occurs: (A) after June 30, 1999; and (B) before July 1, 2017. (2) $400,000 for an act of malpractice that occurs: (A) after June 30, 2017; and (B) before July 1, 2019. (3) $500,000 for an act of malpractice that occurs after June 30, 2019. (c) Any amount due from a judgment or settlement that is in excess of the total liability of all liable health care providers, subject to subsections (a), (b), and (d), shall be paid from the patient's compensation fund under IC 34-18-15. (d) If a health care provider qualified under this article (or IC 27-12 before its repeal) admits liability or is adjudicated liable solely by reason of the conduct of another health care provider who is an officer, agent, or employee of the health care provider acting in the course and scope of employment and qualified under this article (or IC 27-12 before its repeal), the total amount that shall be paid to the claimant on behalf of the officer, agent, or employee and the health care provider by the health care provider or its insurer is the following: (1) $250,000 for an act of malpractice that occurs: (A) after June 30, 1999; and (B) before July 1, 2017. (2) $400,000 for an act of malpractice that occurs: (A) after June 30, 2017; and (B) before July 1, 2019. (3) $500,000 for an act of malpractice that occurs after June 30, 2019. The balance of an adjudicated amount to which the claimant is entitled shall be paid by other liable health care providers or the patient's compensation fund, or both. Ind. Code §34-51-3-4 A punitive damage award may not be more than the greater of: (1) three times the amount of compensatory damages awarded in the action; or (2) $50,000.
Iowa	Iowa Code §147.136 1. Except as otherwise provided in subsection 2, in an action for damages for personal injury against a physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed to practice that profession in this state, or against a hospital licensed for operation in this state, based on the alleged negligence of the practitioner in the practice of the profession or occupation, or upon the alleged negligence of the hospital in patient care, in which liability is admitted or established, the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of the personal injury, including but not limited to the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source. 2. This section shall not bar recovery of economic losses replaced or indemnified by any of the following: a. Benefits received under the medical assistance program under chapter 249A. b. The assets of the claimant or of the members of the claimant's immediate family. Iowa Code §147.136A 1. For purposes of this section: a. “Health care provider” means a hospital as defined in section 135B.1, a health care facility as defined in section 135C.1, a health facility as defined in section 135P.1, a physician or an osteopathic physician licensed under chapter 148, a physician assistant licensed under chapter 148C, a podiatrist licensed under chapter 149, a chiropractor licensed under chapter 151, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed under chapter 152 or 152E, a dentist licensed under chapter 153, an optometrist licensed under chapter 154, a pharmacist licensed under chapter 155A, a professional corporation under chapter 496C that is owned by persons licensed to practice a profession listed in this paragraph, or any other person or entity who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession. b. (1) “Noneconomic damages” means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages. (2) “Noneconomic damages” does not include the loss of dependent care, including the loss of child care, due to the death of or severe injury to a spouse or parent who is the primary caregiver of a child under the age of 18 or a disabled adult. Such damages shall be considered economic damages. c. “Occurrence” means the event, incident, or happening, and the acts or omissions incident thereto, which proximately caused injuries or damages for which recovery is claimed by the patient or the patient's representative. 2. Subject to subsection 4, the total amount recoverable in any civil action for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against a health care provider for any occurrence resulting in injury or death of a patient regardless of the number of plaintiffs, derivative claims, theories of liability, or defendants in the civil action, shall not exceed $250,000 unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained, in which case the amount recoverable shall not exceed $1 million, or $2 million if the civil action includes a hospital as defined in section 135B.1. 3. The limitation on damages contained in this section shall not apply as to a defendant if that defendant's actions constituted actual malice. 4. The limitations on damages contained in subsection 2 shall increase by 0.002% on Jan. 1, 2028, and each January 1 thereafter. In any civil action described in this section, such limitations on damages shall be the amount effective at the time of the occurrence. The commissioner of insurance shall publish the amount of the limitations on damages contained in this section on the insurance division's internet site and shall update the published amount annually.
Kansas	Kan. Stat. Ann. §60-1903 (a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir at law, cannot exceed in the aggregate the sum of $250,000 and costs. (b) If a wrongful death action is to a jury, the court shall not instruct the jury on the monetary limitation imposed by subsection (a) upon recovery of damages for nonpecuniary loss. If the jury verdict results in an award of damages for nonpecuniary loss which, after deduction of any amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds the limitation of subsection (a), the court shall enter judgment for damages of $250,000 for nonpecuniary loss. (c) In any wrongful death action, the verdict shall be itemized by the trier of fact to reflect the amounts, if any, awarded for: (1) Nonpecuniary damages; (2) expenses for the care of the deceased caused by the injury; and (3) pecuniary damages other than those itemized under subsection (c)(2). (d) Where applicable, the amounts required to be itemized pursuant to subsections (c)(1) and (c)(3) shall be further itemized by the trier of fact to reflect those amounts awarded for injuries and losses sustained to date and those awarded for injuries and losses reasonably expected to be sustained in the future. (e) In any wrongful death action, the trial court shall instruct the jury only on those items of damage upon which there is some evidence to base an award. Limits on noneconomic damages for personal injury or death (Kan. Stat. Ann. §60-19a02) declared unconstitutional by state Supreme Court (see Hilburn v. Enerpipe Ltd., 309 Kan. 1127, 442 P.3d 509 (2019)). Limits on exemplary or punitive damages (Kan. Stat. Ann. §60-3702) declared unconstitutional by U.S. District Court (see Capital Solutions, LLC v. Konica Minolta Business Solutions U.S.A., Inc., 695 F.Supp.2d 1149 (D.Kan. Feb. 11, 2010)).
Kentucky	No limitations. Ky. Const. §54 The General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property.
Louisiana	La. Rev. Stat. Ann. §40:1231.2 B. (1) The total amount recoverable for all malpractice claims for injuries to or death of a patient, exclusive of future medical care and related benefits as provided in R.S. 40:1231.3, shall not exceed $500,000 plus interest and cost. (2) A health care provider qualified under this Part is not liable for an amount in excess of $100,000 plus interest thereon accruing after April 1, 1991, and costs specifically provided for by this Paragraph for all malpractice claims because of injuries to or death of any one patient. The sole cost for which a health care provider qualified under this Part may be assessed by a trial court shall be limited to the cost incurred prior to the rendering of a final judgment against the health care provider, not as a nominal defendant, after a trial on a malpractice claim, including but not limited to, costs assessed pursuant to Code of Civil Procedure Article 970 in any instance where the board was not the offeror or offeree of the proposed settlement amount. The health care provider shall not be assessed costs in any action in which the fund intervenes or the health care provider is a nominal defendant after there has been a settlement between the health care provider and the claimant. (3)(a) Any amount due from a judgment or settlement or from a final award in an arbitration proceeding which is in excess of the total liability of all liable health care providers, as provided in Paragraph (2) of this subsection, shall be paid from the patient's compensation fund pursuant to the provisions of R.S. 40:1231.4(C). (b) The total amounts paid in accordance with paragraphs (2) and (3) of this subsection shall not exceed the limitation as provided in paragraph (1) of this subsection.
Maine	Me. Rev. Stat. Ann. tit. 18-C, §2-807 2. Wrongful death action; damages; limitations. Every wrongful death action must be brought by and in the name of the personal representative or special administrator of the deceased person, and is distributable, after payment for funeral expenses and the costs of recovery including attorney's fees, directly to the decedent's heirs without becoming part of the probate estate, except as may be specifically provided in this subsection. The amount recovered in every wrongful death action, except as specifically provided in this subsection, is for the exclusive benefit of the deceased's heirs to be distributed to the individuals and in the proportions as provided under the intestacy laws of this state in sections 2-101 to 2-113. The jury may give damages as it determines a fair and just compensation with reference to the pecuniary injuries resulting from the death. Damages are payable to the estate of the deceased person only if the jury specifically makes an award payable to the estate for reasonable expenses of medical, surgical and hospital care and treatment and for reasonable funeral expenses or, in the case of a settlement, the settlement documents specifically provide for such an allocation to the estate for the same. In addition, the jury may give damages not exceeding $1 million adjusted for inflation as provided in section 1-108 for the loss of comfort, society and companionship of the deceased, including any damages for emotional distress arising from the same facts as those constituting the underlying claim, to the persons for whose benefit the action is brought. The jury may also give punitive damages not exceeding $500,000.
Maryland	Md. Courts & Judicial Proceedings Code Ann. §3-2A-09 (b)(1)(i) Except as provided in paragraph (2)(ii) of this subsection, an award or verdict under this subtitle for noneconomic damages for a cause of action arising between Jan. 1, 2005, and Dec. 31, 2008, inclusive, may not exceed $650,000. (ii) The limitation on noneconomic damages provided under subparagraph (i) of this paragraph shall increase by $15,000 on January 1 of each year beginning Jan. 1, 2009. The increased amount shall apply to causes of action arising between January 1 and December 31 of that year, inclusive. (2)(i) Except as provided in subparagraph (ii) of this paragraph, the limitation under paragraph (1) of this subsection shall apply in the aggregate to all claims for personal injury and wrongful death arising from the same medical injury, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants. (ii) If there is a wrongful death action in which there are two or more claimants or beneficiaries, whether or not there is a personal injury action arising from the same medical injury, the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants. (c)(1) In a jury trial, the jury may not be informed of the limitation under subsection (b) of this section. (2) If the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b) of this section, the court shall reduce the amount to conform to the limitation. (3) In a wrongful death action in which there are two or more claimants or beneficiaries, if the jury awards an amount for noneconomic damages that exceeds the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection, the court shall: (i) If the amount of noneconomic damages for the primary claimants, as described under section 3-904(d) of this title, equals or exceeds the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection: 1. Reduce each individual award of a primary claimant proportionately to the total award of all primary claimants so that the total award to all claimants or beneficiaries conforms to the limitation or reduction; and 2. Reduce each award, if any, to a secondary claimant as described under section 3-904(e) of this title to zero dollars; or (ii) If the amount of noneconomic damages for the primary claimants does not exceed the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection or if there is no award to a primary claimant: 1. Enter an award to each primary claimant, if any, as directed by the verdict; and 2. Reduce each individual award of a secondary claimant proportionately to the total award of all of the secondary claimants so that the total award to all claimants or beneficiaries conforms to the limitation or reduction. (4) In a case in which there is a personal injury action and a wrongful death action, if the total amount awarded by the jury for noneconomic damages for both actions exceeds the limitation under subsection (b) of this section, the court shall reduce the award in each action proportionately so that the total award for noneconomic damages for both actions conforms to the limitation. (d)(1) A verdict for past medical expenses shall be limited to: (i) The total amount of past medical expenses paid by or on behalf of the plaintiff; and (ii) The total amount of past medical expenses incurred but not paid by or on behalf of the plaintiff for which the plaintiff or another person on behalf of the plaintiff is obligated to pay. (2)(i) A court may on its own motion, or on motion of a party, employ a neutral expert witness to testify on the issue of a plaintiff's future medical expenses or future loss of earnings. (ii) Unless otherwise agreed to by the parties, the costs of a neutral expert witness shall be divided equally among the parties. (iii) Nothing contained in this subsection limits the authority of a court concerning a court's witness.
Massachusetts	Mass. Gen. Laws Ann. ch. 231, §60H In any action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services, other than actions brought under section 2 of chapter 229, against a provider of health care, the court shall instruct the jury that in the event they find the defendant liable, they shall not award the plaintiff more than $500,000 for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. In any such action which is tried without a jury, the court shall not award the plaintiff more than $500,000 for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the aforesaid findings are made specially by the court and stated separately in the judgment entered by the court. Except in those cases where the aforesaid findings are made, if two or more plaintiffs have received verdicts or findings of such damages in a total amount, for all plaintiffs claiming damages from a single occurrence, transaction, act of malpractice, or injury which exceeds $500,000, the amount of such damages recoverable by each plaintiff will be reduced to a percentage of $500,000 proportionate to that plaintiff's share of the total amount of such damages for all plaintiffs. Such limit shall apply, except in those cases where the aforesaid findings are made, regardless of the number of persons liable jointly or severally for the said damages.
Michigan	Mich. Comp. Laws §600.1483 (1) In a claim for damages alleging medical malpractice by or against a person or party, the total amount of damages for noneconomic loss recoverable by all plaintiffs, resulting from the medical malpractice of all defendants, shall not exceed $280,000 unless, as the result of the negligence of one or more of the defendants, one or more of the following exceptions apply as determined by the court pursuant to section 6304, one in which case damages for noneconomic loss shall not exceed $500,000: (a) The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of one or more limbs caused by one or more of the following: (i) Injury to the brain. (ii) Injury to the spinal cord. (b) The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living. (c) There has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate. (2) In awarding damages in an action alleging medical malpractice, the trier of fact shall itemize damages into damages for economic loss and damages for noneconomic loss. (3) As used in this section, “noneconomic loss” means damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, whether claimed under section 29222 or otherwise, loss of consortium, or other noneconomic loss. (4) Beginning April 1, 1994, the state treasurer shall adjust the limitations on damages for noneconomic loss set forth in subsection (1) by amounts determined by the state treasurer at the end of each calendar year to reflect the cumulative annual percentage change in the consumer price index. As used in this subsection, “consumer price index” means the most comprehensive index of consumer prices available for this state from the bureau of labor statistics of the U.S. Department of Labor. Mich. Comp. Laws §600.6098 A judge presiding over an action alleging medical malpractice shall review each verdict to determine if the limitation on noneconomic damages provided for in section 1483 applies. If the limitation applies, the court shall set aside any amount of noneconomic damages in excess of the amount specified in section 1483.
Minnesota	Minn. Stat. §549.20 Subd. 3. Factors. Any award of punitive damages shall be measured by those factors which justly bear upon the purpose of punitive damages, including the seriousness of hazard to the public arising from the defendant's misconduct, the profitability of the misconduct to the defendant, the duration of the misconduct and any concealment of it, the degree of the defendant's awareness of the hazard and of its excessiveness, the attitude and conduct of the defendant upon discovery of the misconduct, the number and level of employees involved in causing or concealing the misconduct, the financial condition of the defendant, and the total effect of other punishment likely to be imposed upon the defendant as a result of the misconduct, including compensatory and punitive damage awards to the plaintiff and other similarly situated persons, and the severity of any criminal penalty to which the defendant may be subject. Subd. 4. Separate proceeding. In a civil action in which punitive damages are sought, the trier of fact shall, if requested by any of the parties, first determine whether compensatory damages are to be awarded. Evidence of the financial condition of the defendant and other evidence relevant only to punitive damages is not admissible in that proceeding. After a determination has been made, the trier of fact shall, in a separate proceeding, determine whether and in what amount punitive damages will be awarded. Subd. 5. Judicial review. The court shall specifically review the punitive damages award in light of the factors set forth in subdivision 3 and shall make specific findings with respect to them. The appellate court, if any, also shall review the award in light of the factors set forth in that subdivision. Nothing in this section may be construed to restrict either court's authority to limit punitive damages.
Mississippi	Limits on noneconomic damages (Miss. Code Ann. §11-1-60) declared unconstitutional by state circuit court (see Tanner v. Eagle Oil & Gas Co., 2012 WL 7748580 (Miss. 2012)). Miss. Code Ann. §11-1-65 In any civil action where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed the following: (i) $20 million for a defendant with a net worth of more than $1 billion; (ii) $15 million for a defendant with a net worth of more than $750 million but not more than $1 billion; (iii) $5 million for a defendant with a net worth of more than $500 million but not more than $750 million; (iv) $3.75 million for a defendant with a net worth of more than $100 million but not more than $500 million; (v) $2.5 million for a defendant with a net worth of more than $50 million but not more than $100 million; or (vi) 2% of the defendant's net worth for a defendant with a net worth of $50 million or less.
Missouri	Mo. Rev. Stat. §510.265 1. No award of punitive damages against any defendant shall exceed the greater of: (1) $500,000; or (2) Five times the net amount of the judgment awarded to the plaintiff against the defendant. Such limitations shall not apply if the state of Missouri is the plaintiff requesting the award of punitive damages, or the defendant pleads guilty to or is convicted of a felony arising out of the acts or omissions pled by the plaintiff. Mo. Rev. Stat. §537.1010 1. Notwithstanding any other provision of law to the contrary, and except as provided in subsection 2 of this section, no health care provider shall be liable in a COVID-19 medical liability action unless the plaintiff can prove: (1) Recklessness or willful misconduct by the health care provider; and (2) That the alleged harm, damage, breach, or tort resulting in the personal injury was caused by the alleged recklessness or willful misconduct. 2. For purposes of this section, an elective procedure that is delayed with good cause shall not be considered recklessness or willful misconduct. Mo. Rev. Stat. §537.1020 In any COVID-19 related action, punitive damages: (1) May be awarded in accordance with sections 510.261 to 510.265 and subsection 8 of section 538.210; and (2) Shall not exceed an amount in excess of nine times the amount of compensatory damages awarded. Mo. Rev. Stat. §538.210 2. (1) In any action against a health care provider for damages for personal injury arising out of the rendering of or the failure to render health care services, no plaintiff shall recover more than $400,000 for noneconomic damages irrespective of the number of defendants. (2) Notwithstanding the provisions of subdivision (1) of this subsection, in any action against a health care provider for damages for a catastrophic personal injury arising out of the rendering or failure to render health care services, no plaintiff shall recover more than $700,000 for noneconomic damages irrespective of the number of defendants. (3) In any action against a health care provider for damages for death arising out of the rendering of or the failure to render health care services, no plaintiff shall recover more than seven hundred thousand dollars for noneconomic damages irrespective of the number of defendants. 10. The limitations on awards for noneconomic damages provided for in this section shall be increased by one and seven-tenths percent on an annual basis effective January 1 of each year. The current value of the limitation shall be calculated by the director of the department of commerce and insurance, who shall furnish that value to the secretary of state, who shall publish such value in the Missouri Register on the first business day following January 1, but the value shall otherwise be exempt from the provisions of section 536.021. 11. In any claim for damages under this chapter, and upon post-trial motion following a jury verdict with noneconomic damages exceeding $400,000, the trial court shall determine whether the limitation in subsection 2 of this section shall apply based on the severity of the most severe injuries. Mo. Rev. Stat. §538.215 1. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, any damages found shall be itemized by the trier of fact as follows: (1) Past economic damages; (2) Past noneconomic damages; (3) Future medical damages; (4) Future economic damages, excluding future medical damages; and (5) Future noneconomic damages. 2. All future damages which are itemized as required by subsection 1 of this section shall be expressed by the trier of fact at present value. 3. Any award of noneconomic damages in excess of the limit provided herein shall be reduced by the court to the maximum amount.
Montana	Mont. Code Ann. §25-9-411 (1)(a) In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed $250,000. All claims for noneconomic loss deriving from injuries to a patient are subject to an award not to exceed $250,000. This limitation applies whether: (i) based on the same act or a series of acts that allegedly caused the injury, injuries, death, or deaths on which the action or actions are based; or (ii) the act or series of acts were by one or more health care providers. (b) If a single incident of malpractice injures multiple, unrelated patients, the limitation on awards contained in subsection (1)(a) applies to each patient and all claims deriving from injuries to that patient. (2)(a) For purposes of the limitation on awards contained in subsection (1), a claimant has the burden of proving separate injuries, each arising from a different act or series of acts. An award or combination of awards in excess of $250,000 must be reduced to $250,000, after which the court shall make other reductions that are required by law. If a combination of awards for past and future noneconomic loss is reduced in the same action, future noneconomic loss must be reduced first and, if necessary to reach the $250,000 limit, past noneconomic loss must then be reduced. If a combination of awards is reduced to $250,000, a claimant's share of the $250,000 must be the same percentage as the claimant's share of the combined awards before reduction. (b) For each claimant, further reductions must be made in the following order: (i) first, reductions under 27-1-702; (ii) second, reductions under 27-1-703; and (iii) third, setoffs and credits to which a defendant is entitled. (3) An award of future damages for noneconomic loss may not be discounted to present value. (4) The $250,000 limit provided for in subsection (1) may not be disclosed to a jury. Mont. Code Ann. §27-1-220 (3) An award for punitive damages may not exceed $10 million or 3% of a defendant's net worth, whichever is less. This subsection does not limit punitive damages that may be awarded in class action lawsuits.
Nebraska	Neb. Rev. Stat. §44-2825 (1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) $500,000 for any occurrence on or before Dec. 31, 1984, (b) $1 million for any occurrence after Dec. 31, 1984, and on or before Dec. 31, 1992, (c) $1.25 million for any occurrence after Dec. 31, 1992, and on or before Dec. 31, 2003, (d) $1.75 million for any occurrence after Dec. 31, 2003, and on or before Dec. 31, 2014, and (e) $2.25 million for any occurrence after Dec. 31, 2014. (2) A health care provider qualified under the act shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of $800,000 for all claims or causes of action arising from any occurrence during the period that the act is effective with reference to such patient. (3) Subject to the overall limits from all sources as provided in subsection (1) of this section, any amount due from a judgment or settlement which is in excess of the total liability of all liable health care providers shall be paid from the Excess Liability Fund pursuant to sections 44-2831 to 44-2833. (4) Nothing in the Nebraska Hospital-Medical Liability Act shall be construed to require the Excess Liability Fund to provide coverage for the first $800,000 per occurrence or to provide a defense for or on behalf of a qualified health care provider after the provider's annual aggregate limit of liability amount set forth in sections 44-2824 and 44-2827 has been exhausted. A qualified health care provider's purchase of coverage with an aggregate limit of liability higher than required by sections 44-2824 and 44-2827 shall not affect the obligation of payment from the Excess Liability Fund pursuant to this section.
Nevada	Nev. Rev. Stat. §41A.035 1. In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based. 2. The maximum amount of noneconomic damages set forth in subsection 1 must be increased by $80,000 on January 1 of each year beginning on Jan. 1, 2024, and ending on Jan. 1, 2028, when the amount reaches $750,000. 3. Beginning on Jan. 1, 2029, the maximum amount of noneconomic damages set forth in subsection 1, as adjusted by subsection 2, must be increased on January 1 of each year by 2.1%, rounded to the nearest dollar. 4. The Nevada Supreme Court shall, on or before January 1 of each year, publish on its internet website the maximum amount of noneconomic damages that may be awarded in an action for injury or death against a provider of health care based upon professional negligence in each year for the following 20 years. Nev. Rev. Stat. §42.005 1. Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed: (a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or (b) $300,000 if the amount of compensatory damages awarded to the plaintiff is less than $100,000.
New Hampshire	No limitations. Limits on noneconomic damages (N.H. Rev. Stat. Ann. §507-C:7) declared unconstitutional by state Supreme Court (see Carson v. Maurer, 120 N.H. 925, 424 A.2d 825 (1980)). Limits on noneconomic damages in personal injury cases (N.H. Rev. Stat. Ann. §508:4-d) declared unconstitutional by state Supreme Court (see Brannigan v. Usitalso, 134 N.H. 50, 587 A.2d 1232 (1991)).
New Jersey	N.J. Rev. Stat. §2A:15-5.14 a. Before entering judgment for an award of punitive damages, the trial judge shall ascertain that the award is reasonable in its amount and justified in the circumstances of the case, in light of the purpose to punish the defendant and to deter that defendant from repeating such conduct. If necessary to satisfy the requirements of this section, the judge may reduce the amount of or eliminate the award of punitive damages. b. No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that defendant for compensatory damages or $350,000, whichever is greater.
New Mexico	N.M. Stat. Ann. §41-5-6 A. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall not exceed $600,000 per occurrence for malpractice claims brought against health care providers if the injury or death occurred prior to Jan. 1, 2022. In jury cases, the jury shall not be given any instructions dealing with this limitation. B. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall not exceed $750,000 per occurrence for malpractice claims against independent providers; provided that, beginning Jan. 1, 2023, the per occurrence limit on recovery shall be adjusted annually by the consumer price index for all urban consumers. C. The aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice, except for punitive damages and past and future medical care and related benefits, shall not exceed $750,000 for claims brought against an independent outpatient health care facility for an injury or death that occurred in calendar years 2022 and 2023. D. In calendar year 2024 and subsequent years, the aggregate dollar amount recoverable by all persons for or arising from an injury or death to a patient as a result of malpractice, except for punitive damages and past and future medical care and related benefits, shall not exceed the following amounts for claims brought against an independent outpatient health care facility: (1) for an injury or death that occurred in calendar year 2024, $1 million per occurrence; and (2) for an injury or death that occurred in calendar year 2025 and thereafter, the amount provided in paragraph (1) of this subsection, adjusted annually by the prior three-year average consumer price index for all urban consumers, per occurrence. E. In calendar year 2022 and subsequent calendar years, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice, except for punitive damages and past and future medical care and related benefits, shall not exceed the following amounts for claims brought against a hospital or a hospital-controlled outpatient health care facility: (1) for an injury or death that occurred in calendar year 2022, $4 million per occurrence; (2) for an injury or death that occurred in calendar year 2023, $4.5 million per occurrence; (3) for an injury or death that occurred in calendar year 2024, $5 million per occurrence; (4) for an injury or death that occurred in calendar year 2025, $5.5 million per occurrence; (5) for an injury or death that occurred in calendar year 2026, $6 million per occurrence; and (6) for an injury or death that occurred in calendar year 2027 and each calendar year thereafter, the amount provided in paragraph (5) of this subsection, adjusted annually by the consumer price index for all urban consumers, per occurrence. F. The aggregate dollar amounts provided in subsections B through E of this section include payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient. G. In jury cases, the jury shall not be given any instructions dealing with the limitations provided in this section. H. The value of accrued medical care and related benefits shall not be subject to any limitation. I. Except for an independent outpatient health care facility, a health care provider's personal liability is limited to $250,000 for monetary damages and medical care and related benefits as provided in section 41-5-7 NMSA 1978. Any amount due from a judgment or settlement in excess of $250,000 shall be paid from the fund, except as provided in subsections J and K of this section. J. An independent outpatient health care facility's personal liability is limited to $500,000 for monetary damages and medical care and related benefits as provided in section 41-5-7 NMSA 1978. Any amount due from a judgment or settlement in excess of $500,000 shall be paid from the fund. K. Until Jan. 1, 2027, amounts due from a judgment or settlement against a hospital or hospital-controlled outpatient health care facility in excess of $750,000, excluding past and future medical expenses, shall be paid by the hospital or hospital-controlled outpatient health care facility and not by the fund. Beginning Jan. 1, 2027, amounts due from a judgment or settlement against a hospital or hospital-controlled outpatient health care facility shall not be paid from the fund. L. The term “occurrence” shall not be construed in such a way as to limit recovery to only one maximum statutory payment if separate acts or omissions cause additional or enhanced injury or harm as a result of the separate acts or omissions. A patient who suffers two or more distinct injuries as a result of two or more different acts or omissions that occur at different times by one or more health care providers is entitled to up to the maximum statutory recovery for each injury. N.M. Stat. Ann. §41-5-7 A. Awards of past and future medical care and related benefits shall not be subject to the limitations of recovery imposed in section 41-5-6 NMSA 1978. B. The health care provider shall be liable for all medical care and related benefit payments until the total payments made by or on behalf of it for monetary damages and medical care and related benefits combined equals the health care provider's personal liability limit as provided in subsection I of section 41-5-6 NMSA 1978, after which the payments shall be made by the fund. C. Beginning Jan. 1, 2027, any amounts due from a judgment or settlement against a hospital or outpatient health care facility shall not be paid from the fund if the injury or death occurred after Dec. 31, 2026. D. This section shall not be construed to prevent a patient and a health care provider from entering into a settlement agreement whereby medical care and related benefits shall be provided for a limited period of time only or to a limited degree. E. A judgment of punitive damages against a health care provider shall be the personal liability of the health care provider. Punitive damages shall not be paid from the fund or from the proceeds of the health care provider's insurance contract unless the contract expressly provides coverage. Nothing in section 41-5-6 NMSA 1978 precludes the award of punitive damages to a patient. Nothing in this subsection authorizes the imposition of liability for punitive damages where that imposition would not be otherwise authorized by law.
New York	No applicable statute.
North Carolina	N.C. Gen. Stat. §1D-25 (a) In all actions seeking an award of punitive damages, the trier of fact shall determine the amount of punitive damages separately from the amount of compensation for all other damages. (b) Punitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or $250,000, whichever is greater. If a trier of fact returns a verdict for punitive damages in excess of the maximum amount specified under this subsection, the trial court shall reduce the award and enter judgment for punitive damages in the maximum amount. N.C. Gen. Stat. §90-21.19 (a) Except as otherwise provided in subsection (b) of this section, in any medical malpractice action in which the plaintiff is entitled to an award of noneconomic damages, the total amount of noneconomic damages for which judgment is entered against all defendants shall not exceed $500,000. Judgment shall not be entered against any defendant for noneconomic damages in excess of $500,000 for all claims brought by all parties arising out of the same professional services. On Jan. 1 of every third year, beginning with Jan. 1, 2014, the Office of State Budget and Management shall reset the limitation on damages for noneconomic loss set forth in this subsection to be equal to $500,000 times the ratio of the Consumer Price Index for November of the prior year to the Consumer Price Index for Nov. 2011. The Office of State Budget and Management shall inform the revisor of statutes of the reset limitation. The Revisor of Statutes shall publish this reset limitation as an editor's note to this section. In the event that any verdict or award of noneconomic damages stated pursuant to G.S. 90-21.19B exceeds these limits, the court shall modify the judgment as necessary to conform to the requirements of this subsection. (b) Notwithstanding subsection (a) of this section, there shall be no limit on the amount of noneconomic damages for which judgment may be entered against a defendant if the trier of fact finds both of the following: (1) The plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death. (2) The defendant's acts or failures, which are the proximate cause of the plaintiff's injuries, were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional or with malice.
North Dakota	N.D. Cent. Code §32-03.2-08 In addition to any other remedy provided by law and after a jury award of economic damages, any party responsible for the payment of any part thereof may request a review of the reasonableness of the award by the court as follows: 1. Awards in excess of $250,000 before reduction for contributory fault and collateral source payments are subject to review for reasonableness under this chapter. 2. The burden is on the moving party to establish that the amount of economic damage awarded was not reasonable in that it does not bear a reasonable relation to the economic damage incurred and to be incurred as proven by the party recovering the award. 3. If the court finds that the jury award of economic damages is unreasonable, the court shall reduce the award to reasonable economic damages. N.D. Cent. Code §32-42-02 With respect to a health care malpractice action or claim, the total amount of compensation that may be awarded to a claimant or members of the claimant's family for noneconomic damage resulting from an injury alleged under the action or claim may not exceed $500,000, regardless of the number of health care providers and other defendants against whom the action or claim is brought or the number of actions or claims brought with respect to the injury. With respect to actions heard by a jury, the jury may not be informed of the limitation contained in this section. If necessary, the court shall reduce the damages awarded by a jury to comply with the limitation in this section.
N. Mariana Islands	N. Mar. I. Code tit. 7, §2103 (a) Except as provided for in 7 CMC §2202(a), the court may award damages as it may think proportioned to the pecuniary injury resulting from the death, to the persons for whose benefit the action was brought; provided, however, that where the decedent was a child, and where the plaintiff in the suit brought under this chapter is the parent of that child, or one who stands in the place of a parent pursuant to customary law, the damages shall include mental pain and suffering for the loss of the child, without regard to provable pecuniary damages. N. Mar. I. Code tit. 7, §2922 In an action seeking to recover damages for injury to person, the injured person shall be entitled to assert a claim for non-economic damages to compensate for pain, suffering, inconvenience, physical injury, mental and/or emotional distress, loss of consortium and other non-pecuniary damage. However, in no such action shall the amount of damages for all non-economic losses exceed $300,000. N. Mar. I. Code tit. 7, §2923 In an action seeking to recover damages for wrongful death of a decedent, all persons entitled to recover damages for wrongful death shall be entitled to jointly assert a claim for non-economic damages. However, in no such action shall the amount of damages for all non-economic losses jointly exceed $300,000.
Ohio	Ohio Const. Art. 1, §19a The amount of damages recoverable by civil action in the courts for death caused by the wrongful act, neglect, or default of another, shall not be limited by law. Ohio Rev. Code Ann. §2315.21 (D)(1) In a tort action, the trier of fact shall determine the liability of any defendant for punitive or exemplary damages and the amount of those damages. (2) Except as provided in division (D)(6) of this section, all of the following apply regarding any award of punitive or exemplary damages in a tort action: (a) The court shall not enter judgment for punitive or exemplary damages in excess of two times the amount of the compensatory damages awarded to the plaintiff from that defendant, as determined pursuant to division (B)(2) or (3) of this section. (b) If the defendant is a small employer or individual, the court shall not enter judgment for punitive or exemplary damages in excess of the lesser of two times the amount of the compensatory damages awarded to the plaintiff from the defendant or 10% of the employer's or individual's net worth when the tort was committed up to a maximum of $350,000, as determined pursuant to division (B)(2) or (3) of this section. (c) Any attorney's fees awarded as a result of a claim for punitive or exemplary damages shall not be considered for purposes of determining the cap on punitive damages. (3) No award of prejudgment interest under division (C)(1) of §1343.03 of the Revised Code shall include any prejudgment interest on punitive or exemplary damages found by the trier of fact. (4) In a tort action, the burden of proof shall be upon a plaintiff in question, by clear and convincing evidence, to establish that the plaintiff is entitled to recover punitive or exemplary damages. (5)(a) In any tort action, except as provided in division (D)(5)(b) or (6) of this section, punitive or exemplary damages shall not be awarded against a defendant if that defendant files with the court a certified judgment, judgment entries, or other evidence showing that punitive or exemplary damages have already been awarded and have been collected, in any state or federal court, against that defendant based on the same act or course of conduct that is alleged to have caused the injury or loss to person or property for which the plaintiff seeks compensatory damages and that the aggregate of those previous punitive or exemplary damage awards exceeds the maximum amount of punitive or exemplary damages that may be awarded under division (D)(2) of this section against that defendant in the tort action. (b) Notwithstanding division (D)(5)(a) of this section and except as provided in division (D)(6) of this section, punitive or exemplary damages may be awarded against a defendant in either of the following types of tort actions: (i) In subsequent tort actions involving the same act or course of conduct for which punitive or exemplary damages have already been awarded, if the court determines by clear and convincing evidence that the plaintiff will offer new and substantial evidence of previously undiscovered, additional behavior of a type described in division (C) of this section on the part of that defendant, other than the injury or loss for which the plaintiff seeks compensatory damages. In that case, the court shall make specific findings of fact in the record to support its conclusion. The court shall reduce the amount of any punitive or exemplary damages otherwise awardable pursuant to this section by the sum of the punitive or exemplary damages awards previously rendered against that defendant in any state or federal court. The court shall not inform the jury about the court's determination and action under division (D)(5)(b)(i) of this section. (ii) In subsequent tort actions involving the same act or course of conduct for which punitive or exemplary damages have already been awarded, if the court determines by clear and convincing evidence that the total amount of prior punitive or exemplary damages awards was totally insufficient to punish that defendant's behavior of a type described in division (C) of this section and to deter that defendant and others from similar behavior in the future. In that case, the court shall make specific findings of fact in the record to support its conclusion. The court shall reduce the amount of any punitive or exemplary damages otherwise awardable pursuant to this section by the sum of the punitive or exemplary damages awards previously rendered against that defendant in any state or federal court. The court shall not inform the jury about the court's determination and action under division (D)(5)(b)(ii) of this section. (6) Division (D)(2) of this section does not apply to a tort action where the alleged injury, death, or loss to person or property resulted from the defendant acting with one or more of the culpable mental states of purposely and knowingly as described in section 2901.22 of the Revised Code and when the defendant has been convicted of or pleaded guilty to a criminal offense that is a felony, that had as an element of the offense one or more of the culpable mental states of purposely and knowingly as described in that section, and that is the basis of the tort action. Ohio Rev. Code Ann. §2323.43 No limitation on compensatory damages that represent the economic loss of the person who is awarded the damages in the civil action. Noneconomic damages shall not exceed the greater of $250,000 or an amount that is equal to three times the plaintiff’s economic loss, as determined by the trier of fact, to a maximum of $350,000 for each plaintiff or a maximum of $500,000 for each occurrence. Noneconomic damages may exceed the amount described above but shall not exceed $500,000 for each plaintiff or $1 million for each occurrence if the noneconomic losses of the plaintiff are for either of the following: (a) Permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system; (b) Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life sustaining activities.
Oklahoma	Okla. Const. Art. 23, §7 The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, provided however, that the Legislature may provide an amount of compensation under the Workers' Compensation Law for death resulting from injuries suffered in employment covered by such law, in which case the compensation so provided shall be exclusive, and the Legislature may enact statutory limits on the amount recoverable in civil actions or claims against the state or any of its political subdivisions. Okla. Stat. tit. 23, §9.1 Where the jury finds by clear and convincing evidence that: The defendant has been guilty of reckless disregard for the rights of others; the jury, may award punitive damages in an amount not to exceed the greater of: $100,000, or the amount of the actual damages awarded. Where the jury finds by clear and convincing evidence that: The defendant has acted intentionally and with malice towards others; the jury may award punitive damages in an amount not to exceed the greatest of: a. $500,000, b. twice the amount of actual damages awarded, or c. the increased financial benefit derived by the defendant as a direct result of the conduct causing the injury to the plaintiff and other persons or entities. Where the jury finds by clear and convincing evidence that: The defendant has acted intentionally and with malice towards others; and the court finds that there is evidence beyond a reasonable doubt that the defendant acted intentionally and with malice and engaged in conduct life-threatening to humans, the jury, may award punitive damages in any amount the jury deems appropriate, without regard to the limitations set forth above. Limits on noneconomic damages (Okla. Stat. tit. 23, §61.2) declared unconstitutional by state Supreme Court (see Beason v. I. E. Miller Services, Inc., 441 P.3d 1107 (Okla. 2019)).
Oregon	Or. Rev. Stat. §31.710 (1) Except for claims subject to ORS 30.260 to 30.300 and ORS chapter 656, in any civil action for the wrongful death of any one person including claims for loss of care, comfort, companionship and society and loss of consortium, the amount awarded for noneconomic damages, as defined in ORS 31.705, shall not exceed $500,000. (2) This section does not apply to punitive damages. Or. Rev. Stat. §31.740 and 2024 Chapter 73 Punitive damages may not be awarded against a health practitioner if: (1) The health practitioner is licensed, registered or certified as: (a) A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090; (b) An occupational therapist under ORS 675.230 to 675.300; (c) A regulated social worker under ORS 675.510 to 675.600; (d) A physician under ORS 677.100 to 677.228 or 677.805 to 677.840; (e) An emergency medical services provider under ORS chapter 682; (f) A nurse under ORS 678.040 to 678.101; (g) A nurse practitioner under ORS 678.375 to 678.390; (h) A dentist under ORS chapter 679; (i) A dental hygienist under ORS 680.040 to 680.100; (j) A denturist under ORS 680.515 to 680.535; (k) An audiologist or speech-language pathologist under ORS 681.250 to 681.350; (L) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220; (m) A chiropractor under ORS 684.040 to 684.105; (n) A naturopathic physician under ORS 685.060 to 685.110, 685.125 and 685.135; (o) A massage therapist under ORS 687.011 to 687.250; (p) A physical therapist under ORS 688.040 to 688.145; (q) A medical imaging licensee under ORS 688.445 to 688.525; (r) A pharmacist under ORS 689.151 and 689.225 to 689.285; (s) A physician associate as provided by ORS 677.505 to 677.525; or (t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835; and (2) The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice.
Pennsylvania	Pa. Const. Art. 3, §18 The General Assembly may enact laws requiring the payment by employers, or employers and employees jointly, of reasonable compensation for injuries to employees arising in the course of their employment, and for occupational diseases of employees, whether or not such injuries or diseases result in death, and regardless of fault of employer or employee, and fixing the basis of ascertainment of such compensation and the maximum and minimum limits thereof, and providing special or general remedies for the collection thereof; but in no other cases shall the General Assembly limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property, and in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted. Pa. Stat. tit. 40, §1303.505 Except in cases alleging intentional misconduct, punitive damages against an individual physician shall not exceed 200% of the compensatory damages awarded. Punitive damages, when awarded, shall not be less than $100,000 unless a lower verdict amount is returned by the trier of fact. Upon the entry of a verdict including an award of punitive damages, the punitive damages portion of the award shall be allocated as follows: (1) 75% shall be paid to the prevailing party; and (2) 25% shall be paid to the Medical Care Availability and Reduction of Error Fund. Pa. Stat. tit. 40, §1303.509 The trier of fact may incorporate into any future medical expense award adjustments to account for reasonably anticipated inflation and medical care improvements as presented by competent evidence.
Puerto Rico	P.R. Code Ann. tit. 32, §3077 Authorization is hereby granted to sue the commonwealth of Puerto Rico before the Court of First Instance of Puerto Rico for the causes set forth in the following actions: (a) Actions for damages to persons or property up to the sum of $75,000 caused by a culpable or negligent action or omission of any official, agent or employee of the commonwealth or of any other person acting in an official capacity within the scope of his/her duty, office or employment; or actions for damages for alleged actions of medical and hospital malpractice of the healthcare professionals working in the areas of obstetrics, orthopedics, general surgery or trauma exclusively at public health institutions of the commonwealth of Puerto Rico, its agencies, instrumentalities and/or municipalities, regardless of whether said institutions are being administered or operated by a private entity. When because of said action or omission damages are caused to more than one person or when there are several causes of action to which a single injured party is entitled, the compensation for all damages caused by said action or omission may not exceed the sum of $150,000. If the court determines that the sum of the damages caused to each of the persons exceeds $150,000, the court shall proceed to distribute said sum prorated among the plaintiffs, taking as [the] basis the damages suffered by each one. When an action is filed against the commonwealth for damages to the person or to the property, the court shall order, through the publication of edicts in a newspaper of general circulation, that all persons that may have a common interest be notified that they must appear before the court on the date set forth in the edicts so as to jointly proceed to distribute the amount of $150,000 among the plaintiffs, as provided in sections 3077-3092a of this title.
Rhode Island	No applicable statute.
A. Samoa	Statutes unavailable
South Carolina	S.C. Code Ann. §15-32-220 (A) In an action on a medical malpractice claim when final judgment is rendered against a single health care provider, the limit of civil liability for noneconomic damages of the health care provider is limited to an amount not to exceed $350,000 for each claimant, regardless of the number of separate causes of action on which the claim is based, except as provided in subsection (E). (B) In an action on a medical malpractice claim when final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages is limited to an amount not to exceed $350,000 for each claimant, regardless of the number of separate causes of action on which the claim is based, except as provided in subsection (E). (C) In an action on a medical malpractice claim when final judgment is rendered against more than one health care institution, or more than one health care provider, or any combination thereof, the limit of civil liability for noneconomic damages for each health care institution and each health care provider is limited to an amount not to exceed $350,000 for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to an amount not to exceed $1.05 million for each claimant, except as provided in subsection (E). (D)(1) The provisions of this section do not limit the amount of compensation for economic damages suffered by each claimant in a medical malpractice claim. (2) The provisions of this section do not limit the amount of punitive damages in cases where the plaintiff is able to prove an entitlement to an award of punitive damages as required by law. (E) The limitations for noneconomic damages rendered against any health care provider or health care institution do not apply if the jury or court determines that the defendant was grossly negligent, willful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant. (F) At the end of each calendar year, the Revenue and Fiscal Affairs Office, Board of Economic Advisors must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December 31 of the previous year, and the limitation on compensation for noneconomic damages pursuant to subsection (A), (B), or (C) must be increased or decreased accordingly. As soon as practicable after this adjustment is calculated, the director of the Revenue and Fiscal Affairs Office shall submit the revised limitation on compensation to the state Register for publication pursuant to section 1-23-40(2), and the revised limitation becomes effective upon publication in the state Register. For purposes of this subsection, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics. S.C. Code Ann. §15-32-530 (A) Except as provided in subsections (B) and (C), an award of punitive damages may not exceed the greater of three times the amount of compensatory damages awarded to each claimant entitled thereto or the sum of $500,000. (B) The limitation provided in subsection (A) may not be disclosed to the jury. If the jury returns a verdict for punitive damages in excess of the maximum amount specified in subsection (A), the trial court should first determine whether: (1) the wrongful conduct proven under this section was motivated primarily by unreasonable financial gain and determines that the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was known or approved by the managing agent, director, officer, or the person responsible for making policy decisions on behalf of the defendant; or (2) the defendant's actions could subject the defendant to conviction of a felony and that act or course of conduct is a proximate cause of the plaintiff's damages; If the trial court determines that either item (1) or (2) apply, then punitive damages must not exceed the greater of four times the amount of compensatory damages awarded to each claimant entitled thereto or the sum of $2 million and, if necessary, the trial court shall reduce the award and enter judgment for punitive damages in the maximum amount allowed by this subsection. If the trial court determines that neither item (1) or (2) apply, then the award of punitive damages shall be subject to the maximum amount provided by subsection (A) and the trial court shall reduce the award and enter judgment for punitive damages in the maximum amount allowed by subsection (A). (C) However, when the trial court determines one of the following apply, there shall be no cap on punitive damages: (1) at the time of injury the defendant had an intent to harm and determines that the defendant's conduct did in fact harm the claimant; or (2) the defendant has pled guilty to or been convicted of a felony arising out of the same act or course of conduct complained of by the plaintiff and that act or course of conduct is a proximate cause of the plaintiff's damages; or (3) the defendant acted or failed to act while under the influence of alcohol, drugs, other than lawfully prescribed drugs administered in accordance with a prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to the degree that the defendant's judgment is substantially impaired. (D) At the end of each calendar year, the Revenue and Fiscal Affairs Office must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of Dec. 31 of the previous year, and the maximum amount recoverable for punitive damages pursuant to subsection (A) must be increased or decreased accordingly. As soon as practicable after this adjustment is calculated, the executive director of the Revenue and Fiscal Affairs Office shall submit the revised maximum amount recoverable for punitive damages to the state Register for publication, pursuant to §1-23-40(2), and the revised maximum amount recoverable for punitive damages becomes effective upon publication in the state Register. For purposes of this subsection, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics.
South Dakota	S.D. Codified Laws Ann. §21-3-11 In any action for damages for personal injury or death alleging malpractice against any physician licensed pursuant to chapter 36-4, chiropractor, optometrist, podiatrist, dentist, dental hygienist, dental assistant, hospital, critical access hospital, registered nurse, licensed practical nurse, certified registered nurse anesthetist, clinical nurse specialist, certified nurse practitioner, certified nurse midwife, or physician's assistant, or against the practitioner's corporate, limited liability partnership, or limited liability company employer based upon the acts or omissions of the practitioner, under the laws of this state, whether taken through the court system or by binding arbitration, the total general damages which may be awarded may not exceed the sum of $500,000. There is no limitation on the amount of special damages which may be awarded. This section applies only to causes of action arising from injuries or death occurring after July 1, 1976. However, in the case of chiropractors, it applies only to the causes of action arising from injuries or death occurring after July 1, 1978. In the case of optometrists, it applies only to causes of action arising from injuries or death occurring after July 1, 2002. In the case of podiatrists, it applies only to causes of action arising from injuries or death occurring after July 1, 2005. S.D. Codified Laws Ann. §21-3-2 In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful injury to animals, being subjects of property, committed intentionally or by willful and wanton misconduct, in disregard of humanity, the jury, in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant.
Tennessee	Tenn. Code Ann. §29-39-102 (a) ln a civil action, each injured plaintiff may be awarded: (1) Compensation for economic damages suffered by each injured plaintiff; and (2) Compensation for any noneconomic damages suffered by each injured plaintiff not to exceed $750,000 for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. (c) lf an injury or loss is catastrophic in nature, as defined, the $750,000 amount limiting noneconomic damages, as set forth in subsections (a)(2) through (b) is increased to, but the amount of damages awarded as noneconomic damages shall not exceed, $1 million. (e) All noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, shall not exceed in the aggregate a total of $750,000, unless subdivision (c) applies, in which case the aggregate amount shall not exceed $1 million. (h) The limitation on the amount of noneconomic damages imposed by subsections (a)(2) through (e) shall not apply to personal injury and wrongful death actions: (1) lf the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff; (2) lf the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue, provided, however, that this subsection does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations; or (3) lf the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting in his or her judgment being substantially impaired, and causing the injuries or death. Limits on punitive damages (Tenn. Code Ann. §29-39-104) declared unconstitutional by 6th Circuit Court of Appeals (see Lindenberg v. Jackson National Life Insurance Company, 912 F.3d 348 6th Cir. (Tenn. 2018)).
Texas	Tex. Civil Practice & Remedies Code Ann. §41.007 Prejudgment interest may not be assessed or recovered on an award of exemplary damages. Tex. Civil Practice & Remedies Code Ann. §41.008 (a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages. (b) Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of: (1)(A) two times the amount of economic damages; plus (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000. Tex. Civil Practice & Remedies Code Ann. §74.155 (b) Except in a case of reckless conduct or intentional, willful, or wanton misconduct, a physician, health care provider, or first responder is not liable for an injury, including economic and noneconomic damages, or death arising from care, treatment, or failure to provide care or treatment relating to or impacted by a pandemic disease or a disaster declaration related to a pandemic disease if the physician, health care provider, or first responder proves by a preponderance of the evidence that: (1) a pandemic disease or disaster declaration related to a pandemic disease was a producing cause of the care, treatment, or failure to provide care or treatment that allegedly caused the injury or death; or (2) the individual who suffered injury or death was diagnosed or reasonably suspected to be infected with a pandemic disease at the time of the care, treatment, or failure to provide care or treatment. (c) A physician, health care provider, or first responder may not use the showing under subsection (b)(2) as a defense to liability under subsection (b) for negligent care, treatment, or failure to provide care or treatment if a claimant proves by a preponderance of the evidence that the respective diagnosis, treatment, or reasonable suspicion of infection with a pandemic disease at the time of the care, treatment, or failure to provide care or treatment was not a producing cause of the individual's injury or death. (h) This section applies only to a claim arising from care, treatment, or failure to provide care or treatment that occurred during a period beginning on the date that the president of the United States or the governor makes a disaster declaration related to a pandemic disease and ending on the date the declaration terminates. Tex. Civil Practice & Remedies Code Ann. §74.301 (a) In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a health care institution, the limit of civil liability for noneconomic damages of the physician or health care provider other than a health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians or health care providers other than a health care institution against whom the claim is asserted or the number of separate causes of action on which the claim is based. (b) In an action on a health care liability claim where final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant. (c) In an action on a health care liability claim where final judgment is rendered against more than one health care institution, the limit of civil liability for noneconomic damages for each health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant and the limit of civil liability for noneconomic damages for all health care institutions, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $500,000 for each claimant. Tex. Civil Practice & Remedies Code Ann. §74.303 (a) In a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care provider, the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant, regardless of the number of defendant physicians or health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based. (b) When there is an increase or decrease in the Consumer Price Index with respect to the amount of that index on Aug. 29, 1977, the liability limit prescribed in subsection (a) shall be increased or decreased, as applicable, by a sum equal to the amount of such limit multiplied by the percentage increase or decrease in the consumer price index, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, that measures the average changes in prices of goods and services purchased by urban wage earners and clerical workers' families and single workers living alone (CPI-W: Seasonally Adjusted U.S. City Average--All Items), between Aug. 29, 1977, and the time at which damages subject to such limits are awarded by final judgment or settlement. (c) Subsection (a) does not apply to the amount of damages awarded on a health care liability claim for the expenses of necessary medical, hospital, and custodial care received before judgment or required in the future for treatment of the injury.
Utah	Utah Code Ann. §78B-3-410 (1) In a malpractice action against a health care provider, an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience. The amount of damages awarded for noneconomic loss may not exceed: (a) for a cause of action arising before July 1, 2001, $250,000; (b) for a cause of action arising on or after July 1, 2001, and before July 1, 2002, the limitation is adjusted for inflation to $400,000; (c) for a cause of action arising on or after July 1, 2002, and before May 15, 2010, the $400,000 limitation described in subsection (1)(b) shall be adjusted for inflation as provided in subsection (2); and (d) for a cause of action arising on or after May 15, 2010, $450,000. (2)(a) Beginning July 1, 2002, and each July 1 thereafter until July 1, 2009, the limit for damages under subsection (1)(c) shall be adjusted for inflation by the state treasurer. (b) By July 15 of each year until July 1, 2009, the state treasurer shall: (i) certify the inflation-adjusted limit calculated under this subsection (2); and (ii) inform the Administrative Office of the Courts of the certified limit. (c) The amount resulting from subsection (2)(a) shall: (i) be rounded to the nearest $10,000; and (ii) apply to a cause of action arising on or after the date the annual adjustment is made. (3) As used in this section, “inflation” means the seasonally adjusted consumer price index for all urban consumers as published by the Bureau of Labor Statistics of the U.S. Department of Labor. (4) The limit under Subsection (1) does not apply to awards of punitive damages. Utah Code Ann. §78B-8-201 (3)(a) In any case where punitive damages are awarded, the court shall enter judgment as follows: (i) for the first $50,000, judgment shall be in favor of the injured party; and (ii) any amount in excess of $50,000 shall be divided equally between the state and the injured party, and judgment to each entered accordingly. (b)(i) The actual and bona fide attorney fees and costs incurred in obtaining and collecting the judgment for punitive damages shall be considered to have been incurred by the state and the injured party in proportion to the judgment entered in each party's behalf. (A) The state and injured party shall be responsible for each one's proportionate share only. (B) The state is liable to pay its proportionate share only to the extent it receives payment toward its judgment. (ii) If the court awards attorney fees and costs to the injured party as a direct result of the punitive damage award, the state shall have a corresponding credit in a proportionate amount based on the amounts of the party's respective punitive damage judgments. This credit may be applied as an offset against the amount of attorney fees and costs charged to the state for obtaining the punitive damage judgment. (c) The state shall have all rights due a judgment creditor to collect the full amounts of both punitive damage judgments until the judgments are fully satisfied. (i) Neither party is required to pursue collection. (ii) In pursuing collection, the state may exercise any of its collection rights under section 63A-3-301 et seq., Section 63A-3-502 et seq., and any other statutory provisions. Any amounts collected on these judgments by either party shall be held in trust and distributed as set forth in subsection (3)(e). (d) Unless all affected parties, including the state, expressly agree otherwise, collection on the punitive damages judgment shall be deferred until all other judgments have been fully paid. Any payment by or on behalf of any judgment debtor, whether voluntary, by execution, or otherwise, shall be distributed and applied in the following order: (i) to the judgment for compensatory damage and any applicable judgment for attorney fees and costs; (ii) to the initial $50,000 of the punitive damage judgment; (iii) to any judgment for attorney fees and costs awarded as a direct result of the punitive damages; and (iv) to the remaining judgments for punitive damages. (e) Any partial payments shall be distributed equally between the state and injured party. (f) After the payment of attorney fees and costs, all amounts paid on the state's judgment shall be remitted to the state treasurer to be deposited into the General Fund.
Vermont	No applicable statute.
Virginia	Va. Code §8.01-38.1 In any action accruing on or after July 1, 1988, including an action for medical malpractice under chapter 21.1 (section 8.01-581.1 et seq.), the total amount awarded for punitive damages against all defendants found to be liable shall be determined by the trier of fact. In no event shall the total amount awarded for punitive damages exceed $350,000. The jury shall not be advised of the limitation prescribed by this section. However, if a jury returns a verdict for punitive damages in excess of the maximum amount specified in this section, the judge shall reduce the award and enter judgment for such damages in the maximum amount provided by this section. Va. Code §8.01-581.15 In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after Aug. 1, 1999, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed the following, corresponding amount: Aug. 1, 1999, through June 30, 2000 $1.50 million July 1, 2000, through June 30, 2001 $1.55 million July 1, 2001, through June 30, 2002 $1.60 million July 1, 2002, through June 30, 2003 $1.65 million July 1, 2003, through June 30, 2004 $1.70 million July 1, 2004, through June 30, 2005 $1.75 million July 1, 2005, through June 30, 2006 $1.80 million July 1, 2006, through June 30, 2007 $1.85 million July 1, 2007, through June 30, 2008 $1.925 million July 1, 2008, through June 30, 2012 $2.00 million July 1, 2012, through June 30, 2013 $2.05 million July 1, 2013, through June 30, 2014 $2.10 million July 1, 2014, through June 30, 2015 $2.15 million July 1, 2015, through June 30, 2016 $2.20 million July 1, 2016, through June 30, 2017 $2.25 million July 1, 2017, through June 30, 2018 $2.30 million July 1, 2018, through June 30, 2019 $2.35 million July 1, 2019, through June 30, 2020 $2.40 million July 1, 2020, through June 30, 2021 $2.45 million July 1, 2021, through June 30, 2022 $2.50 million July 1, 2022, through June 30, 2023 $2.55 million July 1, 2023, through June 30, 2024 $2.60 million July 1, 2024, through June 30, 2025 $2.65 million July 1, 2025, through June 30, 2026 $2.70 million July 1, 2026, through June 30, 2027 $2.75 million July 1, 2027, through June 30, 2028 $2.80 million July 1, 2028, through June 30, 2029 $2.85 million July 1, 2029, through June 30, 2030 $2.90 million July 1, 2030, through June 30, 2031 $2.95 million In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2031, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed $3 million. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase.
U.S. Virgin Islands	V.I. Code Ann. tit. 27, §166b The total amount recoverable for any injury of a patient may not exceed $250,000 per occurrence. Only economic damages and noneconomic damages may be awarded. The total amount awarded for noneconomic damages for any injury to a patient as a result of a single occurrence may not exceed $75,000. No punitive damages may be awarded.
Washington	No applicable statute.
West Virginia	W. Va. Code §55-7B-8 (a) In any professional liability action brought against a health care provider pursuant to this article, the maximum amount recoverable as compensatory damages for noneconomic loss may not exceed $250,000 for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, except as provided in subsection (b) of this section. (b) The plaintiff may recover compensatory damages for noneconomic loss in excess of the limitation described in subsection (a) of this section, but not in excess of $500,000 for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, where the damages for noneconomic losses suffered by the plaintiff were for: (1) Wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life-sustaining activities. (c) On Jan. 1, 2004, and in each year thereafter, the limitation for compensatory damages contained in subsections (a) and (b) of this section shall increase to account for inflation by an amount equal to the Consumer Price Index published by the U.S. Department of Labor, not to exceed 150% of the amounts specified in said subsections. (d) The limitations on noneconomic damages contained in subsections (a), (b), (c) and (e) of this section are not available to any defendant in an action pursuant to this article which does not have medical professional liability insurance in the aggregate amount of at least $1 million for each occurrence covering the medical injury which is the subject of the action. (e) If subsection (a) or (b) of this section, as enacted during the 2003 regular session of the Legislature, or the application thereof to any person or circumstance, is found by a court of law to be unconstitutional or otherwise invalid, the maximum amount recoverable as damages for noneconomic loss in a professional liability action brought against a health care provider under this article shall thereafter not exceed $1 million. W. Va. Code §55-7-29 (c) The amount of punitive damages that may be awarded in a civil action may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater.
Wisconsin	Wis. Stat. §893.55 The limit on total noneconomic damages for each occurrence on or after April 6, 2006, shall be $750,000. Wis. Stat. §895.043 (6) Limitation on damages. Punitive damages received by the plaintiff may not exceed twice the amount of any compensatory damages recovered by the plaintiff or $200,000, whichever is greater. This subsection does not apply to a plaintiff seeking punitive damages from a defendant whose actions under sub. (3) included the operation of a vehicle, including a motor vehicle as defined under section 340.01(35), an off-highway motorcycle, as defined in section 23.335(1)(q), a snowmobile as defined under section 340.01(58a), an all-terrain vehicle as defined under section 340.01(2g), a utility terrain vehicle as defined under section 23.33(1)(ng), and a boat as defined under section 30.50(2), while under the influence of an intoxicant to a degree that rendered the defendant incapable of safe operation of the vehicle. In this subsection, “intoxicant” has the meaning given in section 30.50(4e).
Wyoming	No limitations. Wyo. Const. Art. 10, §4 (a) No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. (b) Any section of this constitution to the contrary notwithstanding, for any civil action where a person alleges that a health care provider's act or omission in the provision of health care resulted in death or injury, the legislature may by general law: (i) Mandate alternative dispute resolution or review by a medical review panel before the filing of a civil action against the health care provider.

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This page summarizes the state financial literacy legislation pending and enacted in the 2025 legislative session. The list includes education and programs for K-12 students, young adults and adults.

Financial Services

Table

Updated April 02, 2025

Housing and Homelessness Legislation Database

NCSL’s Housing and Homelessness Legislation Database tracks filed bills in the 50 states, District of Columbia and U.S. territories.

Financial Services Human Services

Database

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Summary Medical Liability/Medical Malpractice Laws

Related Resources

Payday Loans 2025 Legislation

Financial Literacy 2025 Legislation

Housing and Homelessness Legislation Database

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