California Codes

Cal. Civil Code § 3333.2 (2026)

✓ current as of May 2026

Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

(a)In any action for injury against a health care provider or health care institution based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage, subject to the limitations in this section.

(b)In any action for injury that does not involve wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply:

(1)Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of health care providers, which does not include any unaffiliated health care providers that are responsible for noneconomic losses pursuant to paragraph (3).

(2)Civil liability for damages for noneconomic losses against one or more health care institutions, collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of health care institutions, which does not include any unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (3).

(3)Civil liability for damages for noneconomic losses against one or more health care providers or health care institutions that are unaffiliated with a defendant described in paragraph (1) or (2) based on acts of professional negligence separate and independent from the acts of professional negligence of a defendant described in paragraph (1) or (2) and that occurred at, or in relation to medical transport to, a health care institution unaffiliated with a health care institution described in paragraph (2), collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of defendants described in this paragraph, which does not include any unaffiliated health care providers or unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (1) or (2).

(c)In any action for wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply:

(1)Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed five hundred thousand dollars ($500,000), regardless of the number of health care providers, which does not include any unaffiliated health care providers that are responsible for noneconomic losses pursuant to paragraph (3).

(2)Civil liability for damages for noneconomic losses against one or more health care institutions, collectively, shall not exceed five hundred thousand dollars ($500,000), regardless of the number of health care institutions, which does not include any unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (3).

(3)Civil liability for damages for noneconomic losses against one or more health care providers or health care institutions that are unaffiliated with a defendant described in paragraph (1) or (2) based on acts of professional negligence separate and independent from the acts of professional negligence of a defendant described in paragraph (1) or (2) that occurred at, or in relation to medical transport to, a health care institution unaffiliated with a health care institution described in paragraph (2), collectively, shall not exceed five hundred thousand dollars ($500,000), regardless of the number of defendants described in this paragraph, which does not include any unaffiliated health care providers or unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (1) or (2).

(d)No health care provider defendant shall be liable for damages for noneconomic losses in more than one of the categories set forth in this section, regardless of the application or combined application thereof.

(e)No health care institution defendant shall be liable for damages for noneconomic losses in more than one of the categories set forth in this section, regardless of the application or combined application thereof.

(f)The applicable dollar amounts set forth in this section apply regardless of the number of defendant health care providers or health care institutions against whom the claim is asserted or the number of separate causes of actions on which the claim is based. For a claim subject to subdivision (b), the applicable dollar amounts set forth in subdivisions (b), (g), and (h) provide three separate limits of liability that may apply. For a claim subject to subdivision (c), the applicable dollar amounts set forth in subdivisions (c), (g), and (h) provide three separate limits of liability that may apply.

(g)This section shall be deemed effective as of, and shall apply to all cases filed or arbitrations demanded on or after, January 1, 2023. Thereafter, the dollar amounts set forth in subdivision (b) shall increase by forty thousand dollars ($40,000) each January 1st for 10 years up to seven hundred fifty thousand dollars ($750,000), and the dollar amounts set forth in subdivision (c) shall increase each January 1st by fifty thousand dollars ($50,000) for 10 years up to one million dollars ($1,000,000). The dollar amount in effect at the time of judgment, arbitration award, or settlement shall apply to an action, subject to subdivision (h).

(h)The applicable amounts for noneconomic damages for personal injury of $750,000, and for wrongful death of $1,000,000, as set forth in subdivision (g), shall be adjusted for inflation on January 1 of each year by 2 percent beginning on January 1, 2034.

(i)In no action shall the amount of damages for noneconomic losses exceed the applicable dollar amounts set forth in subdivisions (b), (c), (g), or (h).

(j)For the purposes of this section:

(1)“Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Chapter 1 (commencing with Section 1200) or Chapter 1.3 (commencing with Section 1248) of Division 2 of the Health and Safety Code, and does not include health care institutions that are defined in paragraph (2). “Health care provider” includes the legal representatives of a health care provider and the health care provider’s employer, professional corporation, partnership, or other form of legally recognized professional practice organization.

(2)“Health care institution” means one or more health care facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code owned or operated by the same entity or its affiliates and includes all persons and entities for which vicarious liability theories, including, but not limited to, the doctrines of respondeat superior, actual agency, and ostensible agency, may apply.

(3)“Unaffiliated” means a specified health care provider, health care institution, or other entity not covered by the definition of affiliated, or affiliated with, as defined in Section 150 of the Corporations Code, or that is not employed by, performing under a contract with, an owner of, or in a joint venture with another specified entity, health care institution, health care provider, organized medical group, professional corporation, or partnership, or that is otherwise not in the same health system with that health care provider, health care institution, or other entity. Whether a health care provider, health care institution, or other entity is unaffiliated is determined at the time of the professional negligence.

(4)“Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.

Notes of Decisions

Cited in 149 cases (37 in the last 5 years), 1983–2026 · leading case: Bigler-Engler v. Breg, Inc., 7 Cal. App. 5th 276 (Cal. Ct. App. 2017).

Sort: Relevance Newest Treatment

Bigler-Engler v. Breg, Inc., 7 Cal. App. 5th 276 (Cal. Ct. App. 2017). · cites it 6× “intentional concealment in the absence of a transactional relationship between Breg and Engler (or her parents); (4) whether Oasis falls within the medical provider exception to the doctrine of strict products liability; (5) whether Breg was entitled to an instruction on the…”

Barris v. Cnty. of Los Angeles, 972 P.2d 966 (Cal. 1999). · cites it 18× “II We begin with an overview of the two provisions at issue here, Civil Code section 3333.2, and section 1395dd of title 42 of the United States Code.”

Roa v. Lodi Med. Grp., Inc., 695 P.2d 77 (Cal. 1985). · cites it 10× “, Civ. Code, §§ 3333.2, subd. (b) [limiting recovery for noneconomic losses to $250,000]; 3333.”

Lebron v. Gottlieb Mem'l Hosp., 930 N.E.2d 895 (Ill. 2010). · cites it 4× “549 (2007) ($250,000 to $400,000 cap); Cal. Civ.Code § 3333.2 (West 2009) ($250,000 cap); Colo.”

Fein v. Permanente Med. Grp., 695 P.2d 665 (Cal. 1985). · cites it 6× “Defendant claims that the trial court committed reversible error during the selection of the jury, in instructions on liability as well as damages, and in failing to order that the bulk of plaintiff's award be paid periodically rather than in a lump sum. Plaintiff defends the…”

Ruiz v. Podolsky, 237 P.3d 584 (Cal. 2010). · cites it 4× “(c)(3); Civ. Code, § 3333.2, subd. (c)(2); Code Civ.”

Delaney v. Baker, 971 P.2d 986 (Cal. 1999). · cites it 4× “) Similarly, Civil Code section 3333.2, [limiting recovery of noneconomic damages and] also enacted as part of MICRA (see Flowers, supra, 8 Cal.”

Lopez v. Ledesma, 505 P.3d 212 (Cal. 2022). · cites it 2× “” (Civ. Code, § 3333.2, subds. (a), (b); all undesignated statutory references are to the Civil Code.”

Potter v. Firestone Tire & Rubber Co., 863 P.2d 795 (Cal. 1993). · cites it 2× “) While such a cap may effectively ameliorate the impact of increasing costs of liability coverage and insurance in negligent delivery cases, it is unlikely to do so in the context of fear claims over prescription drugs because the potential plaintiff class is vastly larger.…”

Hutcheson v. Eskaton Fountainwood Lodge, 225 Cal. Rptr. 3d 829 (Cal. Ct. App. 5th 2017). · cites it 3× “) FountainWood also correctly states because it is not a health facility under Health and Safety Code section 1250, it is not entitled to the liability protections provided to health facilities under the Medical Injury Compensation Reform Act of 1975 ( Civ. Code, § 3333.2, subd.…”

Waters v. Bourhis, 709 P.2d 469 (Cal. 1985). · cites it 4× “The principal benefits, of course, are that in a non-MICRA action the plaintiff is not subject to (1) the $250,000 limit on noneconomic damages (Civ. Code, § 3333.2), (2) the potential reduction of economic damages on the basis of the plaintiff's receipt of collateral source…”

Lathrop v. Healthcare Partners Med. Grp., 8 Cal. Rptr. 3d 668 (Cal. Ct. App. 2004). · cites it 3× “Nevertheless, we further conclude that the medical group is subject to the $250,000 cap on noneconomic damages set by MICRA (Civ. Code, § 3333.2) as an employer held vicariously liable for the negligent acts of its licensed physician employees.”

Show all 149 citing cases →

— Cal. Civil Code § 3333.2(a) — 5 cases

Potomac Elec. Power Co. v. Smith, 558 A.2d 768 (Md. Ct. Spec. App. 1989).

Romar v. Fresno Cmty. Hosp. & Med. Ctr., 583 F. Supp. 2d 1179 (E.D. Cal. 2008).

Burrows v. Redbud Cmty. Hosp. Dist., 188 F.R.D. 356 (N.D. Cal. 1997).

Nevis v. Rideout Mem'l Hosp. (E.D. Cal. 2022).

D.M. v. Cnty. of Merced (E.D. Cal. 2024).

— Cal. Civil Code § 3333.2(b) — 8 cases

Lebron v. Gottlieb Mem'l Hosp., 930 N.E.2d 895 (Ill. 2010). “549 (2007) ($250,000 to $400,000 cap); Cal. Civ.Code § 3333.2 (West 2009) ($250,000 cap); Colo.”

Jen D. Cubbage v. Michael Merchent, S.W. Meyer, Parker Cmty. Hosp., 744 F.2d 665 (9th Cir. 1984).

Minneci v. Pollard, 181 L. Ed. 2d 606 (2012).

Castaneda Ex Rel. Est. of Castaneda v. United States, 546 F.3d 682 (9th Cir. 2008).

SeaRiver Mar., Inc. v. Indus. Med. Servs., Inc., 983 F. Supp. 1287 (N.D. Cal. 1997).

— Cal. Civil Code § 3333.2(c) — 1 case

Fetter v. United States, 649 F. Supp. 1097 (S.D. Cal. 1986).

— Cal. Civil Code § 3333.2(c)(2) — 1 case

Jackson v. East Bay Hosp., 980 F. Supp. 1341 (N.D. Cal. 1997).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.