California's decades-old cap on malpractice damages changed in 2023. Here's what the new limits mean.
What MICRA Capped for Decades
California's Medical Injury Compensation Reform Act (MICRA) capped non-economic damages — pain and suffering — in medical malpractice cases at $250,000 for nearly fifty years, regardless of how severe the harm.
That cap did not limit economic damages like medical bills and lost wages, but it sharply restricted compensation for human suffering.
The 2023 Reform and New Limits
Effective January 1, 2023, California raised the cap significantly and set it to increase each year. Cases not involving death start at a higher limit that climbs over time toward $750,000.
This was the most significant change to malpractice law in California in decades.
How the Caps Increase Over Time
Under the reform, the caps rise annually for ten years until they reach their target levels, after which they adjust for inflation. The applicable cap depends on the year of the claim.
Knowing which cap applies to your case is essential to valuing it correctly.
Separate Caps for Wrongful Death
The reform set a separate, higher schedule of caps for malpractice cases involving a patient's death, also increasing annually. This recognizes the gravity of fatal medical negligence.
These separate limits can substantially affect the value of a wrongful death malpractice claim.
What the Cap Does Not Limit
The caps apply only to non-economic damages. Economic damages — past and future medical costs, lost income, and life-care needs — are not capped and can be substantial in serious cases.
Documenting the full economic cost is therefore critical in malpractice claims.
What This Means for Malpractice Victims
The 2023 reform meaningfully increased what malpractice victims can recover for their suffering, though the rules remain complex and the deadlines short.
A free case review can explain how the current caps apply to your situation.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.