Malpractice Caps and Tort Reform, Explained

A neutral, general explanation of damage caps and how they can affect a case

Over the past several decades, many states have passed laws -- often called "tort reform" -- that place limits on certain types of malpractice claims. This is a purely legal and legislative topic, and this article isn't taking a position on whether these laws are good or bad policy -- it's simply explaining what they generally do.

• Damage caps. Some states set a maximum limit on non-economic damages (like pain and suffering) that can be awarded in a malpractice case, regardless of the facts
• Caps typically don't apply to everything. Economic damages -- medical bills, lost wages -- are often not capped, even in states with non-economic caps
• Pre-suit requirements. Many states also require additional steps before a malpractice suit can be filed, like a notice period, a certificate of merit from a medical expert, or a review panel
• Rules vary enormously by state. Some states have no caps at all, some cap only certain claim types (like cases against government hospitals), and cap amounts vary widely where they do exist

Because these rules are entirely state-specific and change over time through legislation and court rulings, this article intentionally doesn't state specific dollar caps -- any number you see quoted online may be outdated or apply only in a particular state. A licensed attorney in your state can tell you exactly what rules, if any, apply to your situation.

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