CareClaimGuide

Medical malpractice rules by state

Each state's cap on malpractice damages, whether you need an expert's affidavit or certificate to sue, and any notice or review panel required before a lawsuit.

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Rules have exceptions; open your state for details and the law it comes from.

StateDamage capExpert affidavit or certificateBefore you sue
Alabama From a statute-cited tableNo cap (struck down in 1991)Not requiredNone required
Alaska From a statute-cited table$250,000 noneconomic; $400,000 for wrongful death or severe permanent impairmentNot requiredCourt-appointed advisory panel after filing unless the parties arbitrate
Arizona From a statute-cited tableNo cap (barred by the state constitution)Preliminary expert affidavit served with initial disclosures if expert testimony is neededNone required
Arkansas From a statute-cited tableNo cap (barred by the state constitution)Statute required an affidavit within 30 days of filing, but courts have struck it downNone required
California From a statute-cited table$470,000 noneconomic; $650,000 in death cases (2026, rising each year to 2033)Not required90-day notice of intent to sue before filing (CCP 364)
Colorado From a statute-cited table$530,000 noneconomic; $810,000 in death cases (for 2026 injuries, rising through 2029)Certificate of review within 60 days after serving the complaintNone required
Connecticut From a statute-cited tableNo capSimilar-provider written opinion filed with the complaintMandatory mediation after filing
Delaware From a statute-cited tableNo capAffidavit of merit and expert CV filed with the complaintNone required (review panel repealed in 2024)
District of Columbia From a statute-cited tableNo capNot required90-day notice of intent before filing; mandatory mediation after filing
Florida From a statute-cited tableNo cap (struck down in 2017)Verified expert opinion with the notice of intentNotice of intent and 90-day presuit investigation before filing
Georgia From a statute-cited tableNo cap (struck down in 2010)Expert affidavit filed with the complaintNone required
Hawaii From a statute-cited table$375,000 on pain and sufferingCertificate of consultation with a physicianMandatory medical inquiry and conciliation panel before suit
Idaho Under reviewAbout $500,000 noneconomic (adjusted each year)Not requiredMandatory prelitigation screening panel
Illinois From a statute-cited tableNo cap (struck down in 2010)Affidavit with a health professional's written report attached to the complaintNone required
Indiana From a statute-cited table$1.8 million total for claims after June 2019Not requiredMandatory medical review panel before filing in court (small claims excepted)
Iowa From a statute-cited table$1 million noneconomic ($2 million against hospitals); exceptions for some severe injuriesCertificate of merit within 60 days of the defendant's answerNone required
Kansas From a statute-cited tableNo cap (struck down in 2019)Not requiredScreening panel on request of a party or the judge
Kentucky From a statute-cited tableNo cap (barred by the state constitution)Certificate of merit filed with the complaintNone required
Louisiana From a statute-cited table$500,000 total, plus future medical careNot requiredMandatory medical review panel before suit
Maine Under reviewNo cap in injury cases; separate cap on noneconomic damages in death casesNot requiredNotice of claim and mandatory prelitigation screening panel
Maryland From a statute-cited table$920,000 noneconomic for 2026 claims (rises $15,000 a year); higher in some death casesCertificate of qualified expert within 90 days of filingClaims are filed first with the Health Care Alternative Dispute Resolution Office (parties may waive arbitration)
Massachusetts From a statute-cited table$500,000 noneconomic, unless the injury is substantial or permanentNot requiredMedical malpractice tribunal reviews the claim after the answer
Michigan From a statute-cited tableAbout $600,000 noneconomic; about $1.07 million for catastrophic injuries (adjusted each year)Affidavit of merit filed with the complaint182-day notice of intent before filing
Minnesota From a statute-cited tableNo capAffidavit of expert review within 180 days of filingNone required
Mississippi From a statute-cited table$500,000 noneconomicCertificate of expert consultation filed with the complaint60-day notice of intent before filing
Missouri From a statute-cited tableAbout $481,000 noneconomic; about $843,000 for catastrophic injury or death (adjusted each year)Health care affidavit within 90 days of filingNone required
Montana From a statute-cited table$350,000 noneconomic in 2026, rising $50,000 a year to $500,000 in 2029Not requiredMandatory review by the Montana Medical Legal Panel before suit
Nebraska From a statute-cited table$2.25 million total ($800,000 against qualifying providers)Not requiredMedical review panel before filing (claimant may waive)
Nevada From a statute-cited table$590,000 noneconomic in 2026, rising to $750,000 by 2028Expert affidavit filed with the complaintMandatory settlement conference after filing
New Hampshire From a statute-cited tableNo cap (struck down)Not requiredNone required (screening panel repealed in 2023)
New Jersey From a statute-cited tableNo capAffidavit of merit within 60 days of the answerNone required
New Mexico From a statute-cited tableAbout $770,000 for independent providers; higher for outpatient centers and hospitalsNot requiredMedical review commission panel for qualifying providers
New York From a statute-cited tableNo capCertificate of merit filed with the complaint (up to 90 days in some cases)None required
North Carolina From a statute-cited tableAbout $713,000 noneconomic (adjusted every 3 years); no cap in some cases of reckless conductRule 9(j) certification in the complaint that an expert reviewed the careNone required
North Dakota From a statute-cited table$500,000 noneconomicExpert opinion within 3 months of filingGood-faith attempt at alternative dispute resolution
Ohio From a statute-cited table$250,000, or 3 times economic loss up to $350,000 per plaintiff ($500,000 for catastrophic injury); death cases uncappedAffidavit of merit filed with the complaint180-day letter can extend the 1-year deadline
Oklahoma From a statute-cited tableNo cap (struck down in 2019)Statute required an affidavit, but courts have struck it downNone required
Oregon From a statute-cited tableNo cap (struck down in 2020)Not requiredMandatory dispute resolution within 270 days of filing
Pennsylvania From a statute-cited tableNo cap (barred by the state constitution)Certificate of merit within 60 days of filingNone required
Rhode Island From a statute-cited tableNo capNot requiredNone required
South Carolina From a statute-cited tableAbout $580,000 per provider; about $1.74 million total (adjusted each year)Expert affidavit served with the notice of intentNotice of intent and pre-suit mediation
South Dakota From a statute-cited table$500,000 noneconomicNot requiredNone required
Tennessee Under review$750,000 noneconomic; $1 million for catastrophic injuriesCertificate of good faith filed with the complaint60-day pre-suit notice to each provider
Texas From a statute-cited table$250,000 noneconomic against doctors; up to $500,000 more against facilitiesExpert report within 120 days after each defendant answers60-day pre-suit notice with a medical authorization
Utah From a statute-cited table$450,000 noneconomicCertificate of compliance from the prelitigation panel90-day notice of intent and mandatory prelitigation panel review
Vermont From a statute-cited tableNo capCertificate of merit filed with the complaintNone required
Virginia From a statute-cited table$2.75 million total for acts from July 1, 2026 (rising $50,000 a year to $3 million)Expert certification required before serving the defendantReview panel on request of a party
Washington From a statute-cited tableNo cap (struck down in 1989)Not required (certificate of merit struck down in 2009)Mandatory mediation before trial (pre-suit notice rule struck down in 2010)
West Virginia From a statute-cited tableAbout $375,000 noneconomic; about $750,000 for death or catastrophic injury (adjusted each year)Screening certificate of merit with the notice of claimNotice of claim at least 30 days before filing; provider may demand mediation
Wisconsin From a statute-cited table$750,000 noneconomic per occurrenceNot requiredOptional mediation (filing pauses the deadline)
Wyoming From a statute-cited tableNo cap (barred by the state constitution)Not requiredNone required

How we checked this

Caps come from a statute-cited 2026 table and were compared with a second 50-state chart; caps that adjust every year are shown as approximate. Affidavit and panel rules come from the American Medical Association's State Laws Chart II (2025) and each state's notice statute. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   From a statute-cited table one detailed source   Under review sources disagree; read the note and the law.