Medical Malpractice Damage Cap
The 2022 legislative session produced a major victor for plaintiff-side personal injury with the removal of the long-standing $250,000 cap on medical malpractice cases. New caps have been set with annual incremental increases and future plans for inflation adjustment.
California Lifts 47-Year Cap on Medical Malpractice Damages
Effective Jan. 1, 2023, AB 35 raises the cap on pain and suffering damages in medical mal practice cases to $500,000 for suits involving a wrongful death claim, with that cap increasing by $50,000 each year until it reaches $1 million. For cases that don’t involve a wrongful death claim, the cap starts at $350,000 and increases annually by $40,000 until it reaches $750,000. Once those limits are reached, the law adjusts them for annual inflation by 2 percent starting Jan. 1, 2034.