Fairness for Injured Patients

As of Jan 1,2026  The California MICRA (Medical Injury Compensation Reform Act) cap for non-economic damages (pain and suffering) is:

• $470,000 for cases not involving a patient’s death = *up to $1,410,000 for up to three healthcare providers and institutions involved.

• $650,000 for wrongful death cases = *up to $1,950,000for up to three healthcare providers and institutions involved.

 It is important to note that AB 35 introduced a system where up to three separate caps may apply in a single case, depending on the number of healthcare providers and institutions involved. 

Consumer Watchdog was a key partner in the update of the Micra pain and suffering cap.  After the cap was in place for 47 years, our work contributed to a legislative update – AB 35 that went into effect in January 2023:

Key Changes (MICRA Modernization)

• Original Cap (Pre-2023): A fixed $250,000 for non-economic damages since 1975.

• New Structure (2023 Onward):

o Non-Fatal Injury: Starts at $350,000 (2023) and rises to $750,000 by 2033.

o Wrongful Death: Starts at $500,000 (2023) and rises to $1 million by 2033. 

What the MICRA Cap Covers

• Non-Economic Damages: Compensation for intangible losses like physical pain, mental anguish, disfigurement, loss of enjoyment of life, and emotional distress.

• Economic Damages: Medical bills, lost wages, and rehabilitation costs remain uncapped, allowing full recovery for verifiable financial losses. 

See below for a history of cases from Californians harmed by medical negligence because of a cap set in 1975 by the state legislature that limited compensation for lost quality of life and wrongful death, and had never been updated.

The cap hurts every Californian, but disproportionately harms Black, Hispanic and Indigenous people, low-income patients, women, and children.