California · Medical Malpractice
California medical malpractice damage caps and statute of limitations
Refreshed 2026. $470,000 (2026) damage cap. 3 years from injury OR 1 year from discovery, whichever is shorter. Full breakdown below.
Damage caps
CA Civil Code § 3333.2Non-economic damages cap
$470,000 (2026)
Total damages cap
None
Status
active
Notes
MICRA reform (AB 35, effective 2023). Non-death injury cap increases $40,000/year through 2033. Wrongful death cap: $600,000 (2025), increasing $50,000/year through 2033. After 2033, both caps adjust for inflation biennially.
Statute of limitations
CA Code Civ. Proc. §§ 340.5, 340.4Standard SOL
3 years from injury OR 1 year from discovery, whichever is shorter
Discovery rule
Yes, but limited to 1 year from discovery. The 3-year outer limit from date of injury applies regardless.
Statute of repose
3 years from date of injury
Minor exception
For children under 6: SOL extended until child's 8th birthday. For children 6+: standard SOL applies with tolling during minority.
Wrongful death SOL
1 year from discovery or 3 years from death, whichever is shorter
Notes
MICRA (Medical Injury Compensation Reform Act) governs. Foreign object exception: 1 year from discovery, no repose limit.
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California med-mal FAQ
What is the medical malpractice statute of limitations in California?+
3 years from injury OR 1 year from discovery, whichever is shorter. Yes, but limited to 1 year from discovery. The 3-year outer limit from date of injury applies regardless. Statute of repose: 3 years from date of injury. Wrongful death: 1 year from discovery or 3 years from death, whichever is shorter. MICRA (Medical Injury Compensation Reform Act) governs. Foreign object exception: 1 year from discovery, no repose limit. Source: CA Code Civ. Proc. §§ 340.5, 340.4.
Does California have a medical malpractice damage cap?+
Non-economic cap: $470,000 (2026). MICRA reform (AB 35, effective 2023). Non-death injury cap increases $40,000/year through 2033. Wrongful death cap: $600,000 (2025), increasing $50,000/year through 2033. After 2033, both caps adjust for inflation biennially. Source: CA Civil Code § 3333.2.
How does California handle the discovery rule in med-mal cases?+
Yes, but limited to 1 year from discovery. The 3-year outer limit from date of injury applies regardless.
What is the California minor exception for medical malpractice?+
For children under 6: SOL extended until child's 8th birthday. For children 6+: standard SOL applies with tolling during minority.
What is the wrongful death statute of limitations for California medical malpractice?+
1 year from discovery or 3 years from death, whichever is shorter
Other state lookups
This tool is informational. It is not legal advice. California damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed California attorney before relying on a deadline. Data refreshed May 2026.