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. 

Please take a look at the following patient stories of preventable death and long-term harm that helped modify the Micra Cap for future families.