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.
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 April 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.
- Collateral Source Rule modification under §3333.1 is unique to CA med-mal and reduces awards significantly.
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.