Civil Code 3333.2 – MICRA Damage Caps in California Medical Malpractice

California Civil Code (CIV) doesn’t limit the economic damages victims can be awarded in a medical malpractice case. This refers to things like medical bills and lost income while hurt.

But the code, along with the Medical Injury Compensation Reform Act (MICRA), does limit the non-economic damages that victims can recover.

The law considers these and other types of damages as non-economic, also known as “pain and suffering” damages.

CIV 3333.2.

• In any action for injury against a health care provider or health care institution based on professional negligence, the injured plaintiff shall be entitled to recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage, subject to the limitations in this section.

The Limits on Medical Malpractice

The MICRA Act has limited pain and suffering damages in medical malpractice cases since 1975, but it was updated in 2022 under AB 35 to raise the limits to keep up with inflation.

The limit was immediately raised to $350,000 for non-economic damages in medical malpractice injury cases and $500,000 in wrongful death cases brought by family members.

However, legislators set the limit to increase each year to keep up with current costs:

• The medical malpractice injury non-economic limit rises each January 1^st by $40,000. As of 2026, the limit is set at $470,000.
• The medical malpractice wrongful death non-economic limit increases each January 1^st by $50,000. As of 2026, the limit is set at $650,000.

What Are Non-Economic Damages?

Economic damages are usually easier to figure out. They generally involve the recovery costs that come with a bill. The totals include hospital bills and ambulance fees, often to correct the mistake of another doctor. The final sum is the paychecks the patient has lost while unable to work.

But the pain and suffering hardships are sometimes harder to calculate.

They can include these and other very real damages that medical malpractice victims suffer:

• The pain they must go through now and in the future because of a healthcare provider’s mistake.
• The emotional distress victims are put through.
  • The anxiety and PTSD symptoms victims endure after a medical mistake
  • The depression caused by a long recovery
  • The loss of enjoyment of life due to an injury’s effect on the patient’s lifestyle (e.g., giving up certain hobbies, family activities)
• The frustration and inconvenience caused by an injury
• A disfigurement that affects the patient’s outlook on life and self-image
• Wrongful death benefits for families who lose a loved one to a doctor’s mistake
  • The grief that loved ones will feel
  • The loss of security of protection a medical malpractice victim may have provided
  • The loss of guidance and love to cope with in the years ahead
  • The loss of special life moments with someone, such as holiday gatherings, weddings, the birth of children and grandchildren
  • The loss of companionship for parents who lose a child to a mistake made at a hospital

The Time Limits for MICRA/Medical Malpractice Cases

A medical malpractice claim in California can be filed up to a year after an injury is discovered or three years from when the injury occurred, whichever is longer.

There are a few exceptions. If a surgeon left a foreign object inside you, you’d have one year from the date of discovery, regardless of whether three years have passed. The three years also doesn’t apply if a hospital or doctor tried to conceal medical malpractice. The time limit would be paused.