California (CA) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in California.
Damage Cap
$350,000 non-economic damages (MICRA — increasing annually under AB 35 starting 2023; rises to $750,000 for non-death cases and $1,000,000 for death cases by 2033)
Statute of Limitations
1 year from discovery of the injury or 3 years from the date of injury, whichever comes first
Discovery Rule
California applies a robust discovery rule — the 1-year period begins when the patient discovers, or through reasonable diligence should have discovered, the injury.
Pre-Filing Requirements
Plaintiffs must provide 90 days' notice of intent to sue before filing a medical malpractice lawsuit.
Average Settlement
$300,000 - $700,000
Average Verdict
$500,000 - $2,500,000
Key Facts About California Medical Malpractice Law
- 1MICRA (Medical Injury Compensation Reform Act of 1975) was significantly amended by AB 35 in 2022, raising the non-economic damage cap for the first time in nearly 50 years.
- 2California uses a pure comparative negligence system, allowing plaintiffs to recover damages even if they are primarily at fault.
- 3Attorney fees in medical malpractice cases are limited by a sliding scale under MICRA.
- 4Punitive damages are not subject to MICRA's cap and may be awarded upon proof of malice, oppression, or fraud.
- 5Periodic payment of future damages can be ordered for judgments exceeding $50,000.
Need Help with a California Medical Malpractice Case?
If you believe you have a medical malpractice claim in California, it is important to act quickly. The statute of limitations in California is 1 year from discovery of the injury or 3 years from the date of injury, whichever comes first. Most medical malpractice attorneys offer free initial consultations.