Does My State Cap Medical Malpractice Damages?
One of the biggest surprises in medical malpractice is how differently states treat damages. Whether — and how much — a recovery can be limited depends entirely on where the malpractice happened.
California: limits on certain damages
California limits non-economic damages — pain and suffering — in malpractice cases by statute, with amounts that have been changing under recent law and that differ for injury versus death. Economic losses like medical bills and lost income are treated differently.
Arizona: no caps at all
Arizona is unusual: its Constitution prohibits capping damages for injury or death, so Arizona does not limit what a malpractice victim can recover.
New Mexico: a tiered, specialized system
New Mexico has a specialized system, overhauled recently, with tiered limits on certain damages that step up over time and a Patient Compensation Fund. Because the figures change, the current numbers must be confirmed.
Why it matters
Because these rules differ so much, the state where the malpractice happened can strongly affect what is recoverable and how a case is handled. It is one of the first things to sort out.
Frequently asked questions
Do caps apply to my medical bills?
Generally, the caps that exist apply to non-economic damages like pain and suffering, not to economic losses like medical bills and lost income — but the details vary by state.
Keep reading
This article is general information about California injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
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