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