Medical malpractice in California
Medical Injury Compensation Reform Act
California medical malpractice claims follow MICRA rules. Economic losses are not capped by the noneconomic statute. Noneconomic damages for pain and suffering are capped on a rising schedule that depends on when the case resolves.
Last reviewed September 22, 2026
- 2026 injury cap
- $470,000
- 2026 wrongful death cap
- $650,000
- Usual filing window
- 1 year
Noneconomic damages, per applicable defendant category
Noneconomic damages, per applicable defendant category
From discovery, and usually within 3 years of the injury
Damage caps
For cases resolving in 2026, noneconomic limits are generally $470,000 for injury and $650,000 for wrongful death in each applicable defendant category under Civil Code section 3333.2. Multiple unaffiliated categories can create separate limits. Confirm the year of judgment or settlement.
Not capped
Economic damages
Lost wages, medical bills, and similar economic losses are not limited by Civil Code section 3333.2.
Capped
Noneconomic damages
Noneconomic damages are capped, and the cap rises under AB 35 and Civil Code section 3333.2. Separate tracks apply to non-death injury and wrongful death. Up to three separate liability categories can apply: providers collectively, institutions collectively, and certain unaffiliated defendants. The cap in effect at judgment, arbitration award, or settlement applies.
The base for cases filed, or arbitrations demanded, on or after January 1, 2023 is $350,000 for injury and $500,000 for wrongful death in each applicable category. Amounts rise $40,000 and $50,000 each January 1 for 10 years, toward $750,000 and $1,000,000. Beginning January 1, 2034, the statute calls for 2% annual inflation adjustments.
Multiple unaffiliated categories can create separate limits. Confirm which defendants fall into each category.
Noneconomic schedule
Amounts below are per applicable defendant category. They come from the statutory schedule summarized in the research pass, not from a payment database.
| Milestone | Injury | Wrongful death |
|---|---|---|
| Base, filed or demanded on or after January 1, 2023 | $350,000 | $500,000 |
| Calendar year 2026Review year | $470,000 | $650,000 |
| End of the 10-year step-up | $750,000 | $1,000,000 |
| Beginning January 1, 2034 | 2% annual adjustment | 2% annual adjustment |
The statute raises the base by $40,000 for injury and $50,000 for wrongful death each January 1 for 10 years, then applies a 2% annual inflation adjustment beginning January 1, 2034. The year of judgment, arbitration award, or settlement controls.
Filing deadlines
File within one year of discovering the injury, and usually no later than three years after the injury, subject to limited exceptions. Send the required 90-day notice before suit when Code of Civil Procedure section 364 applies.
- General rule
One year after discovery of the injury, or when it should have been discovered with reasonable diligence, or three years after the date of injury, whichever occurs first.
- Outer limit
The outer limit is generally three years unless it is tolled for fraud, intentional concealment, or a non-therapeutic foreign body.
- Minors
Generally three years from the alleged wrongful act. If the child is under age six, the period is three years or before the eighth birthday, whichever is longer, with limited tolling for fraud or collusion.
- Notice before suit
Code of Civil Procedure section 364 requires at least 90 days' prior notice of intent to sue for professional negligence.
If notice is served within 90 days of the filing deadline, commencement is extended 90 days from service of the notice.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The cap follows the year the case resolves
The MICRA framework dates to 1975. It long kept noneconomic recoveries at a flat $250,000 until AB 35 raised the cap and staged increases starting in 2023. Resolution-year caps matter more than injury-year caps.
Topic themes, not frequency ranks
Public coverage of California medical malpractice often discusses delayed diagnosis, birth injury, and disputes about surgical and emergency care. Treat these as topic themes. They are not a ranking of how often each claim is filed.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a California case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Sources
Official statute and agency pages checked September 22, 2026. First research pass. Noneconomic amounts follow the Civil Code section 3333.2 schedule as summarized on September 22, 2026.
- Cal. Civ. Code § 3333.2 (opens in a new tab)Accessed September 22, 2026
- AB 35 legislative text (2021-2022 session) (opens in a new tab)Accessed September 22, 2026
- Cal. Code Civ. Proc. § 340.5 (opens in a new tab)Accessed September 22, 2026
- Cal. Code Civ. Proc. § 364 (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a California attorney about how MICRA and deadlines apply to your facts.