Several states are updating their laws surrounding tort law and medical malpractice in 2026 to change the limits on damages and further regulate the scope of lawsuits as malpractice awards continue to climb.
Here are three states passing, considering or implementing new malpractice laws in 2026:
1. New Mexico: Governor Michelle Lujan Grisham signed a March 6 malpractice bill as a part of the state’s comprehensive healthcare policy reforms. The bill, HB 99, creates tiered caps on punitive damages in malpractice awards — $1 million for independent providers, $6 million for locally-owned hospitals and $15 million for large systems. It also raises the evidentiary standard from a preponderance of evidence to “clear and convincing,” requiring judicial review before punitive damage claims can proceed.
2. Virginia: Lawmakers recently advanced a bill that more than doubled the amount that individuals can be awarded in medical malpractice cases to $6 million starting in July 2027. In July 2029, and every two years after that, the cap will be set based on federal cost-of-living data. The bill also requires patients who are seeking malpractice-related damages to file a lawsuit within two years if a healthcare provider notifies them of potential medical malpractice should have been aware “through reasonable diligence.”
3. Florida: In January, legislators in the House passed a measure that was vetoed by Gov. Ron DeSantis in 2025. The bill, HB 6003, would repeal a 1990 law that prevents adults and adult children from recovering non-economic damages in wrongful death suits tied to medical negligence. However, Mr. DeSantis remains in opposition to the bill, according to a Jan. 20 report by the Florida Bar.
