Medical Malpractice Cap by State Calculator 2027

Calculate medical malpractice settlement potential 2027 — see your state's noneconomic damage cap, total cap, comparative fault rules. Critical for settlement value.

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Why Caps Exist

Tort reform movement (1990s-2000s) capped noneconomic damages to reduce insurance premiums for doctors. Studies mixed on effectiveness. 30+ states have caps; some unconstitutional in others.

State Cap Categories

No cap: NY, PA, FL, IL, NJ, GA, etc. Hard cap: CA ($350k MICRA), TX ($250k), NV ($350k). Total cap (rare): CO ($1M including economic). Hybrid: OH ($250k unless catastrophic = $500k).

Constitutional Challenges

Caps struck down: GA 2010, IL 2010, FL 2017 (specifically wrongful death), WA 2019. Check current status — laws change frequently.

Comparative Fault

If plaintiff partially at fault (e.g., 20% for not following instructions), damages reduced by that percentage. 13 states bar recovery if 50%+ at fault. 33 states reduce only.

Source: ABA Medical Liability Reform Reports, mcandl.com state malpractice cap tracker. Last updated: May 2026.