If you or a family member was seriously harmed by medical care, one of the first questions is what a case could actually recover. The California medical malpractice cap is a big part of the answer, and it changed in important ways under a 2022 law called AB 35. The cap is set by a statute known as MICRA, the Medical Injury Compensation Reform Act. It limits one specific category of damages, and understanding what it does and does not touch helps you see a claim clearly. This guide explains the 2026 figures, how they are rising, and how they fit into the bigger picture of a recovery.
What the California medical malpractice cap does and does not limit
The cap applies only to noneconomic damages. Those are the human losses that do not come with a receipt: pain, suffering, inconvenience, physical impairment, disfigurement, and similar harm. MICRA places a dollar limit on this category in a medical malpractice case.
It does not cap economic damages. Past and future medical care, lost wages, lost earning capacity, and other out-of-pocket losses are not subject to the cap and can be recovered in full based on the evidence. Think of a young patient who will need years of follow-up surgeries, therapy, and in-home care, or a working parent who can no longer earn a living; those future-care and lost-income figures are proven with medical and economic evidence, and they fall entirely outside the cap. This distinction matters a great deal, because in a serious injury case the economic losses, especially the cost of future care, are often far larger than the capped noneconomic portion. The cap limits one part of a recovery, not the whole thing.
The 2026 figures: how MICRA and AB 35 changed the cap
For decades, MICRA capped noneconomic damages at a flat $250,000. AB 35 replaced that single number, effective January 1, 2023, with a schedule that rises every year. The starting points were $350,000 for cases that do not involve death and $500,000 for wrongful death cases.
Because the amounts increase each January 1, the MICRA cap in 2026 is higher. For 2026, the California medical malpractice cap on noneconomic damages is:
- $470,000 for a case that does not involve the patient’s death.
- $650,000 for a wrongful death case.
Under the statute, the non-death figure rises by $40,000 each January 1, and the wrongful death figure rises by $50,000 each January 1, over a ten-year period. By 2033 they reach $750,000 and $1,000,000. Beginning in 2034, those maximum amounts are adjusted for inflation by 2 percent each year. So the micra cap 2026 numbers above are one step on a schedule that keeps climbing.
Which year’s cap applies to your case
A common question is whether the cap is fixed by the date of the injury or the date the lawsuit is filed. Under the statute, it is neither. The dollar amount in effect at the time of the judgment, arbitration award, or settlement is the one that applies. In practical terms, a case that resolves in 2026 uses the 2026 figures, and a case that resolves in a later year would use that year’s higher figures. The schedule applies to cases filed, or arbitrations demanded, on or after January 1, 2023.
When more than one cap can apply
AB 35 did more than raise the numbers. It also allows up to three separate caps in a single case, each with its own limit. One applies to health care providers as a group, one to health care institutions as a group, and one to certain unaffiliated providers or institutions whose separate and independent negligence occurred at, or in relation to transport to, an unaffiliated institution. Depending on who the defendants are and how the care unfolded, more than one of these categories can come into play, which can mean more than one noneconomic limit applies. Whether that happens is fact specific, and it is one of the things a lawyer evaluates early. As a simple illustration, a case might involve an individual physician in one category and a hospital that is separately responsible in another, so a separate noneconomic limit can apply to each rather than a single combined cap. The facts decide it, which is why an early review of everyone who was involved is worth doing. For a fuller picture of what a malpractice claim requires, see our guide to the key elements of a California medical malpractice claim.
How the cap affects medical malpractice settlements in California
Because the cap touches only noneconomic damages, it influences but does not dictate the value of a case. Medical malpractice settlements in California still turn heavily on the economic losses, which are not capped, along with the strength of the evidence on liability and causation. The cap sets a ceiling on the pain-and-suffering portion, and both sides negotiate with that ceiling in mind.
One more factor affects what reaches the client. California limits the contingency fee a lawyer may charge in these cases. The limit is 25 percent of the amount recovered when a case resolves before a civil complaint or demand for arbitration is filed, and 33 percent when it resolves after that point, with a narrow exception a court can allow for good cause. For how cases move toward resolution, see our overview of medical malpractice mediation and settlement.
What this means if you are considering a claim
The cap is often the first thing people hear about, but it is rarely the whole story. A serious case with large medical and wage losses is not necessarily limited by the noneconomic cap, because those economic damages are not capped. The noneconomic cap is simply one defined part of the calculation. The more important early questions are usually whether the care fell below the standard, whether that caused the harm, and what the full economic losses are. Two cases with the same noneconomic cap can reach very different values once the economic losses and the evidence are weighed.
Timing also matters. California sets firm deadlines for filing a medical malpractice case, and missing them can end a claim before the cap ever becomes relevant. You can read more in our article on how long you have to file a medical malpractice lawsuit.
This article is general information about California law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and the figures here reflect the schedule in effect in 2026.
If you have questions about a medical malpractice matter, Landrum Law LLP handles these cases in California. You can learn more about attorney Keith Landrum or contact the firm to talk through your situation.
Frequently asked questions
What is the medical malpractice cap in California for 2026?
For 2026, California’s cap on noneconomic damages, such as pain and suffering, is $470,000 for a case that does not involve death and $650,000 for a wrongful death case. These amounts come from the schedule AB 35 added to the MICRA statute, and they rise every January 1.
Does the cap limit my medical bills and lost wages?
No. The cap applies only to noneconomic damages. Economic damages, including past and future medical care and lost earnings, are not capped and can be recovered in full based on the evidence.
Did AB 35 get rid of the old $250,000 cap?
AB 35 replaced the long-standing $250,000 limit with a higher schedule that began on January 1, 2023. The cap now increases each year and applies to cases filed, or arbitrations demanded, on or after that date.
Can more than one cap apply in a single case?
Yes. The law allows up to three separate caps in one case, covering health care providers, health care institutions, and certain unaffiliated providers or institutions. Whether more than one applies depends on the defendants and the facts.
