MEDICAL MALPRACTICE | 2026-09-29
MICRA and California Medical Malpractice: The Non-Economic Damages Cap After AB 35
California caps non-economic damages in medical malpractice cases under MICRA — but a 2022 law replaced the decades-old $250,000 limit with higher, annually-increasing caps. Here is where the numbers stand.
Medical malpractice cases in California are governed by a special statutory scheme — the Medical Injury Compensation Reform Act (MICRA) — that differs from ordinary personal injury law. Its most debated feature is the cap on non-economic damages (pain and suffering). For decades that cap was fixed a
Medical malpractice is personal injury with its own rulebook in California. The Medical Injury Compensation Reform Act shapes what a patient can recover and how the case must be brought.
What MICRA Is
Enacted in 1975, MICRA is a set of statutes governing claims against healthcare providers for professional negligence. It includes a cap on non-economic damages, a special statute of limitations, notice-of-intent requirements, provisions affecting how damages are paid and how attorney’s fees are limited, and related rules. It applies specifically to professional negligence by healthcare providers, not to every injury that happens in a medical setting.
The Non-Economic Damages Cap — and the AB 35 Change
MICRA caps non-economic damages (pain, suffering, disfigurement, loss of enjoyment of life) — but not economic damages such as medical expenses and lost earnings, which remain fully recoverable. For decades the cap was a flat $250,000. In 2022, the Legislature enacted AB 35, which replaced the fixed $250,000 cap with higher caps that increase annually:
- Separate cap tiers apply to non-death (injury) cases and wrongful death cases, each starting well above the old $250,000 figure and increasing each January 1 over a period of years, after which they adjust for inflation.
- The applicable cap is generally determined by the date the case is filed, so the year of filing matters to the available cap.
- AB 35 also allows, in some circumstances, multiple caps (for example, against separate categories of defendants), which can increase the total available non-economic recovery.
Because the numbers change annually, the current cap should always be confirmed for the year of filing rather than assumed.
Economic Damages Are Not Capped
An essential point: MICRA caps only non-economic damages. A plaintiff’s economic losses — past and future medical care, lost earnings and earning capacity, and other quantifiable losses — are not capped and can be substantial, especially in catastrophic-injury cases requiring lifetime care.
Special Deadlines and Requirements
MICRA imposes procedural rules distinct from ordinary injury cases:
- Statute of limitations. Generally the shorter of one year from discovery of the injury or three years from the date of injury (with exceptions for fraud, concealment, or a foreign object), under Code of Civil Procedure § 340.5.
- Notice of intent. A plaintiff generally must give the healthcare provider 90 days’ notice of intent to sue before filing.
- Attorney’s fee limits. MICRA (as updated by AB 35) sets limits on contingency attorney’s fees in these cases.
Frequently Asked Questions
Is there still a $250,000 cap in California?
No — AB 35 replaced the fixed $250,000 non-economic cap effective 2023 with higher caps that increase every January 1; the applicable cap depends on the year the case is filed.
Are my medical bills and lost wages capped?
No. MICRA caps only non-economic (pain and suffering) damages; economic damages are fully recoverable.
How long do I have to sue for medical malpractice?
Generally the shorter of one year from discovery or three years from injury (with exceptions), under CCP § 340.5, plus a 90-day notice of intent before filing.
Can there be more than one cap?
In some circumstances AB 35 allows multiple caps against separate categories of defendants, increasing the total available non-economic recovery.
Related Personal Injury Guides
Talk to a California Medical Malpractice Attorney
MICRA’s current caps, deadlines, and notice rules make medical malpractice cases distinct. Trembach Law Firm evaluates California medical malpractice claims. Call (818) 514-7680.
Contact Trembach Law Firm at (818) 514-7680 for a confidential consultation.
Trembach Law Firm | 27001 Agoura Road, Suite 350, Calabasas, CA 91301