California Medical Malpractice Settlement Calculator
Estimate CA medical malpractice settlement — MICRA 2026 caps ($470K non-death / $650K wrongful death) phasing to $750K/$1M by 2033 under AB 35, dual 1-year discovery / 3-year injury SOL
California medical malpractice claims are governed by CCP §340.5 (MICRA) (Medical Injury Compensation Reform Act): 1 year from discovery OR 3 years from injury (earlier of the two). Of the 5 landmark California medical malpractice awards documented on this page, the largest is $43M (Catastrophic future-care case (economic damages dominate)).
🌴 CA MICRA 2026: Non-econ cap $470K (non-death) / $650K (wrongful death). AB 35 phases to $750K/$1M by 2033. Economic damages UNCAPPED. 1/3-year dual SOL.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
How Your Estimate Compares
Based on 529,804 medical malpractice payments reported to the National Practitioner Data Bank (2000–2025):
Source: NPDB analysis of the HRSA National Practitioner Data Bank, Public Use Data File, 2000-2025 payment reports. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
California Medical Malpractice — MICRA in 2026
California MICRA (Medical Injury Compensation Reform Act) under CCP §340.5 + Civ. Code §§3333.1-3333.2 has a hard cap on NON-ECONOMIC damages — but AB 35 (2022) substantially raised the cap with phased annual increases through 2033. Economic damages (medical, lost wages, future care) are NOT capped.
2026 caps (AB 35 phase schedule): non-death cases $470,000 (was $350K in 2023 + $40K/year × 3 = $470K in 2026); wrongful death $650,000 (was $500K in 2023 + $50K/year × 3 = $650K). Caps reach $750K / $1M by 2033, then 2% annual CPI indexing.
SOL (CCP §340.5): 1 year from discovery of injury AND negligent cause, OR 3 years from injury — WHICHEVER IS EARLIER (dual trigger). Pre-filing notice: 90 days written notice (CCP §364); tolls SOL 90 days if served late. Collateral source rule modified (Civ. Code §3333.1): defendant MAY introduce insurance payments as evidence — plaintiff-unfavorable. Attorney fee sliding scale (Bus. & Prof. §6146): 40% first $50K → 33% → 25% → 15% above $600K — more defendant-favorable than non-MICRA states.
Key CA Med-Mal Statutes (Post-AB 35)
CA MICRA + AB 35 create layered cap structure:
CCP §340.5 (MICRA)
Medical Injury Compensation Reform ActStandard: 1 year from discovery OR 3 years from injury (earlier of the two)
Scope: Pre-filing notice: 90 days written notice required (CCP §364); tolls SOL 90 days if served late
Civ. Code §3333.2 (as amended by AB 35, 2022)
2026 Non-Economic CapStandard: $470K non-death injury / $650K wrongful death
Scope: Annual increases: +$40K injury / +$50K death through 2033, reaching $750K / $1M. Then 2% annual CPI indexing.
Economic damages (medical, lost wages, future care) UNCAPPED
Civ. Code §3333.1
Collateral Source RuleStandard: Defendant may introduce insurance payments as evidence
Scope: Significantly plaintiff-unfavorable vs most states
Bus. & Prof. Code §6146
Attorney Fee Sliding ScaleStandard: 40% first $50K → 33% → 25% → 15% above $600K
Scope: More defendant-favorable than non-MICRA states
Recovery Structure Post-AB 35
Economic damages: medical, lost wages, future care — NO CAP. High-value CA cases are driven by future medical care costs, not pain & suffering. Non-economic damages: 2026 cap of $470K (non-death) / $650K (wrongful death). Annually increases $40K/$50K through 2033 to reach $750K/$1M. Punitive damages: no statutory cap; federal due process limits. Collateral source: insurance payments admissible to reduce damages (Civ. Code §3333.1) — plaintiff-unfavorable. Attorney fees: sliding scale per §6146. Comparative fault: pure comparative (Li v. Yellow Cab).
MICRA + Expert Requirements
Dual SOL trigger: 1 year from discovery OR 3 years from injury — whichever is EARLIER. Aggressive — must track both. No pre-filing affidavit required. Expert testimony developed through post-filing discovery. 90-day pre-filing notice under CCP §364 (tolls SOL 90 days if served in last 90 days of limitations). Collateral source modification under Civ. Code §3333.1 is the main plaintiff-unfavorable feature — jury can consider insurance payments, reducing perceived damages. Attorney fee sliding scale under §6146 is more defendant-favorable than non-MICRA states. 2026 CA survival action expansion: recent updates allow recovery for decedent's pain and suffering in certain circumstances.
AB 35 Phase Schedule — 2026 Current Caps
2026 Non-economic: $470K non-death injury / $650K wrongful death. Phase schedule: +$40K/year (injury) + $50K/year (death) through 2033, reaching $750K/$1M. Then 2% annual CPI indexing. Economic damages: UNCAPPED — future medical care costs dominate high-value cases. Punitive damages: no statutory cap but due process limits. MICRA applies ONLY to 'professional negligence' — Elder Abuse Act (WIC §15657) avoids MICRA entirely with mandatory attorney fees. Plead EADACPA for nursing home cases when facts support.
CA Med-Mal Verdicts + Averages
CA verdicts frequently exceed caps due to uncapped economic damages:
| Amount | Year | Case / Injury |
|---|---|---|
| $43M | — | — Catastrophic future-care case (economic damages dominate) |
| $5M | — | — Severe with large future care component |
| $470K | — | |
| $386K | — | |
| $250K | — |
California Medical Malpractice FAQs
What are the 2026 MICRA caps in California?
Non-death cases: $470,000 non-economic damages (was $350K in 2023). Wrongful death cases: $650,000 non-economic (was $500K in 2023). Annual increases under AB 35: +$40K/year (non-death) + $50K/year (death) through 2033, reaching $750K / $1M by 2033. Then 2% annual CPI indexing. Economic damages (medical bills, lost wages, future care) are UNCAPPED — high-value cases driven by economic component.
What is the California medical malpractice SOL?
Dual trigger under CCP §340.5: 1 year from discovery of injury AND negligent cause, OR 3 years from injury — whichever is EARLIER. Must track both. Pre-filing notice required under CCP §364 (90 days); tolls SOL 90 days if served in last 90 days of limitations period. Minors: tolled until age 18. Consult attorney immediately on discovery.
Does MICRA apply to all California medical cases?
Only to 'professional negligence' — excludes: Elder Abuse Act (WIC §15657) claims for reckless neglect in nursing homes (plead EADACPA to avoid MICRA); Intentional torts (e.g., sexual misconduct by medical professional); Fraud claims. Plaintiff strategy: when facts support, plead alternative causes of action (Elder Abuse, intentional tort) to avoid MICRA cap. Defense will argue 'professional negligence' to invoke MICRA.
Can I sue California for medical care provided at a state hospital?
Yes, but with specific procedures. Government entity claims require: (1) file administrative claim within 6 months under Gov. Code §945.4, (2) entity has 45 days to respond, (3) file suit within 6 months of rejection. MICRA caps apply to government entity med-mal claims. Some state facilities have specific immunity provisions — consult an attorney familiar with government claims practice.
What are typical California medical malpractice settlement values?
Median settlement: $250K-$386K (MICRA cap constrains non-economic component). Jury verdicts: frequently exceed cap if economic damages substantial — total verdicts of $5M-$43M documented for catastrophic injury with large future care components. High-value driver: economic damages (uncapped future medical care) — a pediatric birth injury case with $10M in future care needs can result in $10M+ verdict despite the $470K non-econ cap. Plead carefully to maximize economic damages.
Pending CA Med-Mal Issues
Active legal developments (as of October 2026):
- 2026 cap of $470K applies ONLY to non-economic damages — economic damages are UNCAPPED. High-value CA cases driven by future medical care costs.
- AB 35 annual increases are automatic — no further legislation needed. $750K/$1M reached by 2033.
- Civil Code 3333.1 lets a med-mal defendant put evidence of collateral benefits - Social Security, disability, workers' compensation or health insurance - before the jury, and bars those sources from subrogating against the plaintiff; it permits the evidence rather than ordering a dollar-for-dollar offset. Such rules are not unique to California: Connecticut requires courts to reduce economic damages by collateral source payments (Conn. Gen. Stat. 52-225a).
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.gov.ca.gov/2022/05/23/governor-newsom-signs-legislation-to-modernize-californias-medical-malpractice-system
- us.milliman.com/en/insight/how-will-ab-35-affect-micra-and-non-economic-damage-caps
- www.tavrn.ai/blog/medical-malpractice-caps-in-california
- cutterlaw.com/california-laws/medical-malpractice-cap
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
Florida
NO caps post-Estate of McCall 2014, §766.106 pre-suit + expert affidavit
Texas
$250K/$750K hard caps never inflation-adjusted, §74.351 expert report fatal
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Arizona
NO cap (Constitution Art. 2 §31), 2-yr SOL no repose, pure comparative negligence, Banner $31.5M 2024
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Colorado
$530K cap (2026, rising to $875K by 2029 under HB24-1472), Banner Health v. Gresser 2025 = $39.8M cap-exceedance, 2-yr SOL + 3-yr repose, modified comparative 50%
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. SOL just cut 4→2 years (Aug 2025, SF3489). Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for California
Each California calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses California verdict data where available.