Free, confidential case review — Call (866) 855-1195
Se habla espanolContact
Medical Malpractice FAQ · California

Does California Cap Medical Malpractice Damages?

California does limit non-economic damages — compensation for pain and suffering — in medical malpractice cases, by statute. Those limits have been changing under recent legislation, with amounts that increase over time and that differ for injury versus death cases, so the current figure should be confirmed for your situation.

Importantly, these limits generally apply to non-economic damages, not to economic losses like medical bills, future care, and lost income, which are treated differently. For serious malpractice with large future-care needs, that distinction matters a great deal to the overall recovery.

The rules are very different in our other states. Arizona's Constitution prohibits capping damages at all, so Arizona does not limit malpractice recoveries, while New Mexico has a specialized, tiered system with a Patient Compensation Fund. The state where the malpractice happened significantly affects the case.

This is general information about California medical malpractice claims, not legal advice. Every situation is different.

Have a question about your own crash?

A quick, confidential review can answer it — about two minutes, no cost, no obligation.

Start your free review