Is there a cap on medical malpractice damages in California?

Only non-economic damages are capped. Under Civil Code section 3333.2 as rewritten by AB 35, cases filed on or after January 1, 2023 started at $350,000 for injury and $500,000 for wrongful death, rising annually until reaching $750,000 and $1,000,000. Economic damages — medical costs, lost earnings, future care — remain entirely uncapped.

Only on non-economic damages — and the cap now climbs every year. For nearly 50 years, MICRA froze pain-and-suffering recovery in medical negligence cases at $250,000. AB 35 (2022) rewrote Civil Code section 3333.2: for cases filed on or after January 1, 2023, the non-economic cap started at $350,000 for injury cases and $500,000 for wrongful-death cases, increasing by $40,000 and $50,000 respectively each year until they reach $750,000 and $1,000,000, then adjusting 2% annually. Separate caps can apply against providers, institutions, and unaffiliated defendants, potentially multiplying available recovery. Economic damages — medical expenses, lost earnings, future life care — remain entirely uncapped, and in catastrophic cases they dwarf the capped component. Attorney contingency fees are separately limited by Business and Professions Code section 6146 on a sliding scale. The cap applies only to professional negligence by healthcare providers; ordinary negligence claims, such as a fall in a hospital lobby, fall outside MICRA.

Authority: Cal. Civ. Code § 3333.2