What is the damage cap for Medical Malpractice cases in California?
Understanding Medical Malpractice Damage Caps in California Personal Injury Cases
Learn how California’s updated personal injury laws impact the compensation you can receive in medical malpractice cases starting in 2025.
What is Medical Malpractice?
Medical malpractice is a type of personal injury claim that arises when a healthcare professional such as a doctor, surgeon, or nurse fails to provide care that meets the accepted standard, resulting in harm to the patient. These cases can involve surgical errors, misdiagnoses, delayed treatments, or even failures in basic communication. When a trusted medical provider makes a preventable mistake, the consequences can be life-altering.
In California, like many other states, there are legal limits known as “damage caps” on how much a patient can recover for non-economic losses, such as pain and suffering. These caps can significantly impact the outcome of a medical malpractice lawsuit, regardless of how serious the injury may be.
In recent years, California lawmakers passed a major reform to these long-standing caps. As of 2023, the maximum recoverable amount has begun to gradually increase each year, marking a significant shift in how victims of medical negligence are compensated. Understanding how these changes work and what limits apply in 2025 is crucial for anyone pursuing a personal injury claim involving medical malpractice.
Current Damage Caps Under California Law (as of 2025)
Here’s how the current caps are structured:
$430,000 for medical malpractice cases not involving a patient’s death
$600,000 for cases involving wrongful death
These updated figures are part of a long-overdue reform to California’s medical malpractice laws. For nearly 50 years, non-economic damages in all medical malpractice cases regardless of severity were capped at $250,000 under the original MICRA (Medical Injury Compensation Reform Act) law passed in 1975.
That previous cap was never adjusted for inflation, which led to widespread criticism that it unfairly limited recovery for victims of serious negligence. In 2022, new legislation was signed into law, allowing for gradual annual increases in the cap amounts, starting in 2023. The new structure is intended to better reflect the real impact that medical errors can have on people’s lives.
How and When the Caps Will Increase
The current caps on non-economic damages in California medical malpractice cases aren’t fixed permanently they are scheduled to rise each year through 2034 under a structured system set by state law.
Here’s how the increases will work:
For injury cases that do not involve death:
The cap will increase by $40,000 each year, starting from $350,000 in 2023 and eventually reaching $750,000 by 2034.For wrongful death cases:
The cap will increase by $50,000 each year, starting from $500,000 in 2023 and reaching $1 million by 2034.
This gradual increase is designed to give victims of medical negligence more appropriate compensation over time, aligning the law with modern-day values and inflation.
After 2034: Built-in Inflation Adjustment
Starting in 2034, both caps will be adjusted annually by 2% to account for inflation. This ensures that the value of non-economic damages doesn’t diminish over time, and continues to reflect real-world costs of pain, suffering, and emotional loss.
Medical Malpractice Damage Caps by Year
| Year | Injury Cases Cap | Wrongful Death Cases Cap |
|---|---|---|
| 2023 | $350,000 | $500,000 |
| 2024 | $390,000 | $550,000 |
| 2025 | $430,000 | $600,000 |
| 2026 | $470,000 | $650,000 |
| 2027 | $510,000 | $700,000 |
| 2028 | $550,000 | $750,000 |
| 2029 | $590,000 | $800,000 |
| 2030 | $630,000 | $850,000 |
| 2031 | $670,000 | $900,000 |
| 2032 | $710,000 | $950,000 |
| 2033 | $750,000 | $1,000,000 |
| 2034+ | Adjusted annually by 2% inflation | Adjusted annually by 2% inflation |
Medical Malpractice Damage Caps by State
How an Experienced Malpractice Lawyer Can Help
Having an experienced personal injury attorney by your side is essential in a medical malpractice case especially with California’s evolving damage cap laws. A knowledgeable lawyer will understand the complexities of these caps, including how the filing date affects the amount you’re eligible to recover. They’ll ensure that every detail of your case is documented properly, particularly when it comes to proving uncapped economic damages like lost income and long-term medical care. Medical providers and their insurers often fight these claims aggressively, and without the right legal guidance, you risk settling for far less than your case is worth. An attorney who regularly handles malpractice cases can help level the playing field, manage the legal process on your behalf, and work to secure the compensation you truly deserve.