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★ United States · medical negligence

Medical negligence claim values
in United States.

By Reviewed by Abd Shanti, Founder9 min read

Misdiagnosis, surgical error, delayed treatment. Bands on this page show typical settlement values for medical negligence cases across the relevant severity tiers; each names its source or is marked as a MyClaimWorth estimate. The position within a band depends on facts the page can't see: severity, prognosis, recovery time, the strength of medical evidence, and any percentage of fault attributed to the claimant under United States's comparative-fault rule.

★ typical band · US
$30,000 to statutory cap
Medical negligence (non-fatal)
★ statute of limitations
Varies by state, most commonly 2 or 3 years

State codes

Range: Florida and Texas at 2 years (Tex. Civ. Prac. & Rem. Code § 16.003); New York at 3 years (CPLR § 214); Maine at 6 years (14 M.R.S. § 752, the longest in the US). Statutes of repose layer on top in product-liability and construction-defect cases. Federal Tort Claims Act has its own two-year administrative limitation.

★ fault allocation
Varies by state

Pure contributory negligence (1% bars recovery) in Alabama, Maryland, North Carolina, Virginia, and DC. Pure comparative in 11 states including California, New York, and Washington. Modified comparative with a 50% bar in 10 states. Modified comparative with a 51% bar in 25 states, including Florida since March 2023 and Louisiana since January 1, 2026.

★ caps that bear on this injury

What caps recovery.

Statutory caps and ceilings that apply to medical negligence damages in United States.

★ US · procedural pathway

From injury to settlement.

The steps a medical negligence claim moves through under United States law, from medical stability to settlement.

  1. 1
    Reach medical stability and assemble documentation

    Medical records, imaging, expert reports, payslips for lost wages, and receipts for out-of-pocket costs. Documentation gaps drive under-valued settlements.

  2. 2
    Identify the controlling state law

    For an interstate accident, the conflict-of-laws analysis matters. Most states apply lex loci delicti, but a few apply most-significant-relationship analysis under Restatement (Second).

  3. 3
    Compute special damages

    Past and future medical expenses, lost wages, loss of earning capacity, property damage, and reasonable out-of-pocket costs. Future expenses require expert testimony.

  4. 4
    Anchor non-economic damages

    Compare to verdict reporter aggregates in the state. The multiplier method (1.5×, 5× medical specials) is a starting point used by adjusters; courts do not impose it.

  5. 5
    Apply the comparative-fault rule

    Pure comparative reduces by the claimant's percentage; modified-50/51 cuts off above the threshold; contributory bars at 1%.

  6. 6
    Apply statutory caps

    Medical-malpractice caps in CA, TX, OH and others bite on non-economic damages; punitive-damages caps and the State Farm constitutional ceiling apply on punitives.

  7. 7
    Demand letter, mediation, then suit

    Most states allow direct demand against the insurer. Many states require pre-suit mediation in medical-malpractice cases. Suit is the last resort and is rare, over 95% of cases settle.

★ medical negligence · reported decisions

What courts have awarded for medical negligence.

Medical negligence decisions from 51 US jurisdictions we have researched, each linked to the judgment and to the local guide.

★ medical negligence · local rules

How the rules differ by place.

A rule that shapes medical negligence claims in each place, with its source.

AlabamaHospital responsibilityA jury may hold a hospital responsible for the conduct of a physician who treats its patients, as the jury did for the admitting pediatrician in Cantu.Baptist Health System v. Cantu (Ala. 2018)
CaliforniaMICRA cap, 2026Noneconomic damages start at $350,000 (non death) and $500,000 (death) for cases filed from 1 January 2023 and rise $40,000 and $50,000 each 1 January, reaching $470,000 and $650,000 in 2026.Cal. Civ. Code § 3333.2(b), (c), (g)
District of Columbia90 day noticeYou must notify the intended defendant not less than 90 days before filing, with enough detail on the claim and the injuries.D.C. Code § 16-2802
IdahoCap per claimantThe noneconomic cap applies “on a per claimant basis, rather than a per claim basis,” so each family member in a death case has a separate cap.Aguilar v. Coonrod (Idaho 2011)
KentuckyCertificate of meritFiled with the complaint, stating you have consulted a qualified expert and concluded there is a reasonable basis to sue. If the deadline prevents the consultation, a follow up certificate is due within 60 days.KRS 411.167
MassachusettsMalpractice cap$500,000 for pain and suffering and other general damages, unless there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances.G.L. c. 231, § 60H
MissouriMalpractice capNoneconomic damages against health care providers: $400,000, or $700,000 for a catastrophic injury or death, with each limit increased by 1.7 percent every 1 January.Mo. Rev. Stat. § 538.210
New HampshireScreening panelsRSA 519-B set up medical injury screening panels, and parts of RSA 519-B:8 to :10 were held to violate the state jury trial right.In re Southern New Hampshire Medical Center (N.H. 2012)
North DakotaNoneconomic capTotal noneconomic damages for a health care malpractice claim “may not exceed five hundred thousand dollars, regardless of the number of health care providers and other defendants.”N.D.C.C. § 32-42-02, as quoted in Condon v. St. Alexius Medical Center (N.D. 2019)
PennsylvaniaFuture care awardsA future medical award based on a life care plan and a projected life expectancy stands if the evidence supports it, even when very large.Hagans v. Hospital of the University of Pennsylvania (Pa. Super. 2025)
TennesseeNotice before suingWritten notice to each provider you will sue, at least 60 days before filing.Tenn. Code Ann. § 29-26-121; Byington v. Reaves (Tenn. Ct. App. 2021)
VirginiaTotal malpractice cap$2.70 million for acts from 1 July 2025 to 30 June 2026; $2.75 million from 1 July 2026 to 30 June 2027; then $2.80 million, rising to $2.95 million by 2030.Va. Code § 8.01-581.15
★ medical negligence bands · all 15 jurisdictions

Compare to other countries.

How this injury values across the other jurisdictions on the site. Click any country to read the deeper context.

JurisdictionBand
United States· you are here$30,000 to statutory capMyClaimWorth estimate
United KingdomValued on the JC Guidelines bracket for the resulting injuryClinical-negligence claims are valued on outcome; NHS Resolution handles most claims in England.
Ireland€30,000 to €400,000+MyClaimWorth estimate
CanadaInjury-dependent; non-pecuniary loss is cappedThe Andrews trilogy cap on non-pecuniary damages applies, indexed for inflation.
AustraliaInjury-dependent; state civil-liability caps applyCivil Liability Act caps on general damages vary by state.
Spain€50,000 to €300,000MyClaimWorth estimate
Italy€100,000 to €500,000MyClaimWorth estimate
Germany€50,000 to €400,000MyClaimWorth estimate
France€100,000 to €500,000MyClaimWorth estimate
New ZealandACC treatment-injury cover, no negligence claimTreatment injury is covered by ACC without proving fault; the statutory bar on suing applies here too.
SingaporeS$50,000 to S$500,000MyClaimWorth estimate
Hong KongHK$500,000 to HK$3,000,000MyClaimWorth estimate
Japan¥5,000,000 to ¥30,000,000MyClaimWorth estimate
South Korea₩50,000,000 to ₩500,000,000MyClaimWorth estimate
TaiwanNT$500,000 to NT$5,000,000MyClaimWorth estimate
★ US · medical negligence · frequently asked

Common questions.

Each answer stands on its own and draws on the documents named on this page.

★ editorial note

Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in United States. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.