Overview
MICRA is the single most consequential statute affecting medical malpractice litigation in California. Enacted in 1975 during a perceived liability crisis, MICRA imposed reforms that fundamentally altered the economics and procedures of malpractice cases. For nearly five decades, the $250,000 cap on non-economic damages stood unchanged.
In 2022, the California Legislature enacted AB 35, the first significant amendment to MICRA's damages cap since its passage. AB 35 raised the cap and created a phased schedule of annual increases. Understanding MICRA in its entirety is essential for anyone evaluating, litigating, or resolving a medical malpractice case.
AB 35: The 2026 Caps
In 2026, the non-economic damages cap is $470,000 for non-death cases and $650,000 for wrongful death cases. These caps increase annually until reaching $750,000 and $1,000,000 respectively in 2033, then adjust for inflation. The applicable cap is based on the date the lawsuit is filed, not the date of injury.
| Year | Non-Death Cap | Wrongful Death Cap |
|---|---|---|
| 2026 | $470,000 | $650,000 |
| 2027 | $510,000 | $700,000 |
| 2028 | $550,000 | $750,000 |
| 2033+ | $750,000 | $1,000,000 |
Attorney Fee Limitations
MICRA limits contingency fees on a sliding scale: 40% of the first $50,000, 33.33% of the next $50,000, 25% of the next $500,000, and 15% above $600,000. This applies to the total recovery regardless of whether the case settles or goes to trial.
90-Day Notice & SOL
A written notice of intent to sue must be served on each defendant at least 90 days before filing. Service tolls the statute of limitations for 90 days. The SOL is one year from discovery or three years from injury under CCP 340.5.
Collateral Source & Periodic Payments
In malpractice cases, the defendant may introduce evidence of collateral source payments (health insurance, etc.). Future damages over $50,000 may be paid periodically on defendant's motion rather than as a lump sum.
Maximizing Recovery Under MICRA
Strategies include maximizing economic damages (no cap), identifying non-MICRA defendants, pleading non-MICRA causes of action like elder abuse, and strategic filing timing to secure the highest available cap.
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Cross-References
Common Questions
What is the MICRA cap in 2026?
In 2026, the MICRA cap on non-economic damages is $470,000 for non-death cases and $650,000 for wrongful death cases. These caps increase every year under AB 35 until they reach $750,000 (non-death) and $1,000,000 (death) in 2033, after which they adjust for inflation. The cap that applies is based on the date the lawsuit is filed, not the date of injury.
Does the MICRA cap apply to all my damages?
No. The MICRA cap only limits non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Economic damages including medical bills, lost wages, and future medical expenses have no cap and are fully recoverable. Cases with substantial economic damages can still produce significant recoveries despite the non-economic cap.
How are attorney fees limited in medical malpractice cases?
MICRA limits contingency fees on a sliding scale: 40% of the first $50,000 recovered, 33.33% of the next $50,000, 25% of the next $500,000, and 15% of anything over $600,000. This applies to the total recovery whether the case settles or goes to trial. The fee limitation combined with the damages cap and high litigation costs makes case selection critical.
Are there ways to avoid the MICRA cap?
The MICRA cap applies only to claims of professional negligence against healthcare providers. If a non-MICRA cause of action is available, such as elder abuse under Welfare and Institutions Code 15657, the cap does not apply. Claims against non-healthcare-provider defendants (like a medical device manufacturer) are also outside MICRA. Identifying non-MICRA theories is essential for maximizing recovery.
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Our offices
Local Resources
- Medical Board of CaliforniaVerify physician licenses and check disciplinary history.
- Cedars-Sinai Medical CenterMajor LA hospital; life care planning and case review resources.
- LA Superior Court · Stanley MoskCentral civil courthouse for LA County malpractice filings.
- California Legislature (AB 35 Text)Full text of AB 35 amending MICRA damages caps.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Civil Code Section 3333.2. Non-economic damages cap as amended by AB 35.
- Business & Professions Code Section 6146. Attorney fee sliding scale for medical malpractice contingency fees.
- CCP 364 (90-Day Notice). Prelitigation notice requirement with 90-day tolling.
- CCP 667.7 (Periodic Payments). Defendant may request periodic payment of future damages over $50,000.
- Civil Code Section 3333.1 (Collateral Source). Defendant may introduce evidence of collateral source payments.
- Fein v. Permanente Medical Group (1985) 38 Cal.3d 137. California Supreme Court upheld the MICRA non-economic damages cap.