📚 Complete Guide to US Medical Malpractice & Mass Tort Settlement Valuation (2026)
Medical malpractice and mass tort claims (such as surgical nerve damage, birth injury cerebral palsy, oncology misdiagnosis, and pharmaceutical/asbestos litigation) involve two distinct categories of compensatory damages: Economic Damages (past hospital bills, certified Future Life Care Plans, and actuarial lost earning capacity—which are never capped by state law) and Non-Economic Damages (pain, suffering, loss of consortium, and disfigurement).
State Non-Economic Damages Caps (MICRA & Tort Reform)
While states like New York, Pennsylvania, and Illinois impose no statutory cap on pain and suffering in medical malpractice cases, states such as Texas ($250,000 per facility) and California (updated MICRA schedule increasing toward $500,000+ for non-wrongful death and $1,000,000 for wrongful death) restrict non-economic awards while leaving future medical life-care plans 100% uncapped.