For decades, California’s Medical Injury Compensation Reform Act of 1975 (MICRA) has placed a maximum limit on recoverable non-economic damages in any medical malpractice case. Starting in 2023, a bill known as AB 35 increases those limits.
Under AB 35, the cap for injured patients raises immediately from $250,000 to $350,000 and will increase incrementally over 10 years until the total amount reaches $750,000. The cap for wrongful death damages for family members immediately doubles from $250,000 to $500,000, with incremental increases over 10 years until the cap reaches $1 million.
Non-economic damages are a significant component of any claim for personal injury, including medical malpractice claims. The new changes to MICRA help reflect the true cost of medical malpractice losses.