Definition
MICRA is California's 1975 law governing medical malpractice claims, which caps non-economic damages and establishes a shorter statute of limitations for professional negligence claims against healthcare providers.
In California Personal Injury Cases
MICRA's key provisions: non-economic damage cap of $470,000 for personal injury and $650,000 for wrongful death in 2026 (indexed to increase annually); statute of limitations of one year from discovery or three years from the act (CCP Section 340.5); mandatory 90-day pre-suit notice (CCP Section 364); and periodic payment provisions for future damages. MICRA applies only to claims against licensed healthcare providers for professional negligence — it does not apply to vehicle accidents, premises liability, or product liability.
California Law Context
California personal injury law applies this concept within the framework of pure comparative fault (Li v. Yellow Cab Co., 1975), the two-year statute of limitations (CCP Section 335.1), uncapped damages for non-malpractice injuries, MICRA for medical malpractice, the Government Claims Act for government entity defendants, and the full spectrum of California personal injury legal standards across vehicle accidents, premises liability, product liability, workplace accidents, and wrongful death.
Frequently Asked Questions
What is Medical Injury Compensation Reform Act (MICRA) in California personal injury law?
MICRA is California's 1975 law governing medical malpractice claims, which caps non-economic damages and establishes a shorter statute of limitations for professional negligence claims against healthcare providers.
How does Medical Injury Compensation Reform Act (MICRA) affect a California personal injury claim?
MICRA's key provisions: non-economic damage cap of $470,000 for personal injury and $650,000 for wrongful death in 2026 (indexed to increase annually); statute of limitations of one year from discovery or three years from the act (CCP Section 340.5); mandatory 90-day pre-suit notice (CCP Section 364); and periodic payment provisions for future damages. MICRA applies only to claims against licensed healthcare providers for professional negligence — it does not apply to vehicle accidents, premises liability, or product liability.
How does this concept apply differently across the major personal injury categories in California?
Medical Injury Compensation Reform Act (MICRA) applies with some variation across California personal injury categories. In vehicle accident cases, it operates within the negligence and negligence per se framework governed by the California Vehicle Code. In premises liability, it interacts with the Rowland v. Christian duty of care standard. In product liability, it applies within Greenman v. Yuba Power Products strict liability. In medical malpractice, it must be evaluated alongside MICRA's specific rules for the medical professional context. Understanding how Medical Injury Compensation Reform Act (MICRA) applies to your specific injury category is essential to evaluating your California personal injury claim.