Medical malpractice claims can result in significant financial awards, but how much you can sue for depends on the type of damages, recent legal reforms, and the facts of your case. California law distinguishes between economic damages, which are unlimited, and non-economic damages, which are capped under the state’s Medical Injury Compensation Reform Act (MICRA).
In 2022, California’s legislature passed Assembly Bill 35 (AB 35), increasing MICRA’s long-standing damage limits. Below, we’ll explore how much you can sue for in a California medical malpractice case under these new rules.
Types of Damages in California Medical Malpractice Cases
1. Economic Damages
Economic damages are designed to compensate victims for financial losses, and there is no cap on these damages in California. They include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Home health care and rehabilitative services
- Assistive devices (e.g., wheelchairs, ramps)
Economic damages often account for the majority of high-value malpractice cases.
2. Non-Economic Damages
Non-economic damages compensate victims for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (in wrongful death cases)
Historically capped under MICRA, non-economic damages are now subject to an increased cap due to AB 35.
MICRA Cap as of 2023
As of January 1, 2023, non-economic damage caps in California medical malpractice cases are:
- $350,000 in non-death cases
- $500,000 in wrongful death cases
Annual increases:
The caps will increase each year by $40,000 (non-death) and $50,000 (wrongful death) until they reach:
- $750,000 for non-death cases
- $1 million for wrongful death cases by 2033
Can Punitive Damages Be Awarded?
Punitive damages may be awarded in rare medical malpractice cases if the healthcare provider’s conduct involved fraud, malice, or oppression. Unlike non-economic damages, punitive damages are not subject to the MICRA cap, though they are difficult to prove.
Example of a Potential Case Value
Scenario:
A patient suffers permanent brain injury due to an anesthesia error.
- Medical expenses and long-term care: $3 million
- Lost income and future earning potential: $2 million
- Non-economic damages: $350,000 (current MICRA cap for non-death cases)
Total case value: Approximately $5.35 million or more, depending on the severity of long-term impacts.
Statute of Limitations for Medical Malpractice in California
You must generally file a medical malpractice lawsuit:
- Within 1 year of discovering the injury, or
- Within 3 years from the date of the malpractice, whichever occurs first.
Failure to file within this time frame may result in forfeiting your right to sue.
Who Can You Sue?
You may sue any responsible healthcare professional or entity, including:
- Doctors and surgeons
- Nurses
- Hospitals
- Medical groups
- Outpatient surgery centers
Lawsuits often involve both individual providers and larger healthcare organizations.
Conclusion
While California limits non-economic damages through MICRA and AB 35, there is no cap on economic damages, making multimillion-dollar malpractice claims possible. If you’ve been injured due to medical negligence, an experienced California medical malpractice attorney can help you recover maximum compensation under current laws.
References
- Assembly Bill No. 35, Cal. Legis. (2022–2023). (2022). Medical malpractice: noneconomic damages. California State Legislature. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB35
- California Civil Code § 3294. (2023). Exemplary damages; when allowable; definitions. California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3294
- California Code of Civil Procedure § 340.5. (2023). Action for injury or death against health care provider. California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=340.5&lawCode=CCP
