Which states cap medical malpractice damages?
Roughly half of US states cap non-economic (pain-and-suffering) damages in malpractice cases, commonly $250,000 to $750,000. California's MICRA cap rises annually toward $750,000 by 2033. Texas caps at $250,000 per physician. Economic damages are usually uncapped.
MICRA is California's Medical Injury Compensation Reform Act. After 2023 legislation, the non-economic cap increased from the old $250,000 to $350,000 (wrongful death $500,000), and it rises each year toward $750,000 (and $1,000,000 for death) by 2033.
Have any damage caps been struck down?
Yes. Several state supreme courts have held non-economic caps unconstitutional, including Florida (McCall 2014, Kalitan 2017) and Washington (Sofie v Fibreboard). In those states there is no cap on medical malpractice non-economic damages.
Do caps apply to economic damages?
Generally no. Most caps limit only non-economic damages (pain, suffering, loss of enjoyment). Medical bills, future care, and lost earnings are usually recoverable in full, though a few states (like Indiana) impose an overall damages cap with a patient compensation fund covering the excess.