US-CaliforniaDoes MICRA cap damages in medical malpractice cases?
Yes, California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000 in medical malpractice cases.
What the Law Says
California’s Medical Injury Compensation Reform Act (MICRA), enacted in 1975, places a strict limit on non-economic damages awarded in medical malpractice lawsuits.
Non-economic damages include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement — but not lost wages or medical bills.
The cap applies regardless of the number of defendants, the severity of injury, or the number of plaintiffs — it is a flat $250,000 per case.
Economic damages — like past and future medical expenses and lost earnings — are NOT capped under MICRA and may be awarded in full based on evidence.
Statutory TextIn any action for injury against a health care provider based upon professional negligence, the plaintiff shall not recover more than two hundred fifty thousand dollars ($250,000) for noneconomic losses.
— Civil Code § 3333.2 — Limitation on noneconomic losses
What Courts Have Said
California courts have consistently upheld MICRA’s $250,000 cap as constitutional, rejecting challenges based on equal protection, due process, and jury trial rights.
Upheld MICRA’s cap as a rational legislative response to a medical liability insurance crisis; rejected equal protection and due process challenges.
Confirmed that MICRA applies to all health care providers, including public entities and their employees, unless expressly exempted.
What to Do
Determine whether your claim qualifies as ‘professional negligence’ against a licensed health care provider — MICRA applies only in those cases.
Separate economic damages (e.g., medical bills, lost wages) from non-economic damages (e.g., pain and suffering) when evaluating settlement or trial strategy.
Note that the $250,000 cap has not been adjusted for inflation since 1975 — no statutory mechanism exists to increase it.
Consult an experienced California medical malpractice attorney early, as MICRA also imposes other rules (e.g., 3-year statute of limitations, expert affidavit requirements).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.