Malpractice caps limit recoverable damages, most commonly non-economic damages such as pain and suffering. Structures vary: fixed dollar limits, per-defendant or per-claimant caps, and separate limits for institutional and individual providers.
Economic damages are generally uncapped, and several states index their caps to inflation.
Alternative Names:
Malpractice Cap, Medical Malpractice Damages Limit
Why it Matters?
The cap is usually the single most important valuation input in a malpractice case, and it determines whether a catastrophic injury claim is worth pursuing at all in a given state. It also shifts plaintiff strategy toward economic damages, since uncapped future care and lost earnings become the path to a large recovery. Cap status is unstable, with several state supreme courts having invalidated caps on constitutional grounds.
Frequently Confused with
Related terms
Frequently asked questions
Do malpractice caps limit economic damages?
Are malpractice caps constitutional?
