How Medical Malpractice Damages Are Calculated
A malpractice award combines your economic losses with non-economic damages — the latter capped in many states. Punitive damages are rare and reserved for egregious conduct.
Economic damages
The additional medical costs caused by the malpractice, plus lost earnings and future care needs.
Non-economic damages
Pain, suffering, disfigurement, and loss of enjoyment of life — capped at roughly $250,000–$750,000 in many states.
Future care & lost earning capacity
For permanent injuries, the largest component is often a lifetime of future medical care and lost earning capacity.
- Extra past & future medical care
- $300,000
- Lost earning capacity
- +$150,000
- Non-economic (if capped at $500k)
- +$500,000
- Illustrative range
- ~$950,000
Illustration only — your state’s cap and the strength of causation evidence drive the real number. Use the calculator above for an estimate from your facts.


