Medical Malpractice Wrongful Death Cases in California : Understanding Damage Caps and Limits

By Brian Van Allen

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Medical Malpractice

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Last Modified on Dec 26, 2025

Wrongful death is a serious offense that can have long-lasting effects on the deceased’s surviving family. Medical malpractice deaths can be even more traumatic, as families often place their trust in a healthcare practitioner or institution to provide proper care for their loved ones. To seek justice, families should be prepared to navigate the complexity of medical malpractice wrongful death cases in California.

At Belgum, Fry & Van Allen, our attorneys offer years of experience in wrongful death and medical malpractice cases. We understand their severity and offer aggressive representation to remedy the harm done to the deceased. Wrongful death cases can be difficult to prove, especially as our clients explore compensation and damages. Hire a wrongful death lawyer who can advocate on your behalf.

Wrongful Death Laws in California

California’s Code 377.60 explains who can file a wrongful death claim on behalf of the decedent. Generally, surviving spouses, children, and domestic partners may file a claim. There may be differences in how damages are awarded, and clients are encouraged to connect with a California wrongful death attorney to review these conditions.

How to Prove Medical Malpractice Wrongful Death Cases in California

An individual must establish medical malpractice, meaning that an individual’s death occurred due to medical negligence and a failure to act when appropriate. A healthcare practitioner must adhere to standards of care, and the plaintiff must show they did not follow proper procedure. This could include surgical errors, misdiagnoses, medication errors, failure to address underlying medical conditions, and failure to assess risk before a procedure.

The person filing a claim may rely on medical records, professional opinions, death reports, and other evidence to establish a direct link between the medical procedure and the wrongful death. Once a link is established, the plaintiff may review compensation options.

How to Determine Medical Malpractice Wrongful Death Compensation in California

Compensation in California is typically given out in the form of damages (economic, non-economic, or punitive). To determine adequate compensation, settlement negotiations or court proceedings may consider the deceased’s life, earning potential, burial expenses, loss of income, and the emotional impact of the death on the surviving family.

Medical malpractice cases often have high scrutiny due to their threat to public safety and trust. The National Practitioner Data Bank (NPDB) reported 703 medical malpractice payments in California during the first nine months of 2025. Wrongful death claims are very serious, so an individual may be eligible for higher compensation amounts.

Medical Malpractice Damage Caps and Limits in California

While California does not place caps on economic damages in medical malpractice claims, it does limit the amount of non-economic damages awarded. Non-economic damages may include pain and suffering, psychological trauma resulting from the death of a loved one, and other losses that cannot be tangibly measured.

According to California’s Code 3333.2, wrongful death damages will be raised in $50,000 increments until 2034, when the cap will reach $1,000,000. As of January 1st, 2026, the medical malpractice wrongful death cap is $650,000. After the 2034 deadline, the payment increments will add 2% to account for inflation. These damage caps also apply to medical malpractice leading to non-fatal injuries, though the limits are slightly lower.

Reasons for Damage Caps and Limits in California

Current damage caps and limits in California are the result of the Medical Injury Compensation Reform Act of 1975, which applies only to injuries resulting from medical malpractice. It is argued that these caps help lower health care costs and medical malpractice premiums, as well as create more predictable outcomes in civil disputes. Whether this is accurate or not remains a subject of debate.

How Can a Wrongful Death Lawyer Help?

Wrongful death cases resulting from medical negligence are complex. Families often experience pain and suffering that should rightfully be addressed. Healthcare institutions rely on powerful insurance companies to downplay the severity of losing a loved one. A wrongful death lawyer can help overcome these barriers and review additional damages.

FAQs

How Much Does a Medical Malpractice Wrongful Death Lawyer Cost?

The cost of a medical malpractice wrongful death lawyer will depend on the extent of their involvement in your case. Medical malpractice cases resulting in death are complex on their own, but there may be added factors that could prolong the case. Nonetheless, people should seek appropriate representation from a lawyer who is open to working with them throughout the legal process.

Do You Need to Provide Notice to File a Wrongful Death Claim in California?

Yes, you need to provide notice to a healthcare practitioner or institution before filing a wrongful death claim. California law requires plaintiffs to give written notice at least 90 days before filing a claim. Since the wrongful death is tied to medical malpractice, the plaintiff must indicate the reason for filing, the injuries sustained (death), and the losses associated.

What Are Economic Damages?

Economic damages are tangible financial losses endured as a result of the wrongful death. The deceased may have lost their life, but their bills and responsibilities remain. The surviving family may seek damages for the loss of their relative’s income, loss of earning potential, medical bills, and funeral expenses. Economic damages are not capped in California.

How Do You Receive Damages in California?

Damages can be awarded in a variety of ways. Plaintiffs should be aware that this process is not immediate and that, depending on settlement agreements or jury verdicts, damages may be awarded in full or in installments. If a plaintiff is filing on behalf of a young child, the money may be placed in a holding account until the child reaches a certain age.

Hire a Wrongful Death Lawyer Today

At Belgum, Fry & Van Allen, we recognize how serious medical negligence can be. People are entitled to proper care, and losing a loved one over this negligence is unacceptable. We can work with you to ensure accountability and justice for this great loss. Contact us today to schedule a free consultation.