In 2022, California changed its laws to allow families to recover compensation for the pain and suffering their loved one endured before dying due to medical negligence. A new bill, SB 29, has just advanced in the State Legislature and would keep those rights in place through at least 2030.
That means if your loved one suffers from a medical mistake for weeks, months, or even years—and then passes away—you can seek damages both for the victim's personal pain and suffering and for your family's loss.
Senate Bill 29 (SB 29) has now passed a key vote in Sacramento. If it becomes law, the right to recover pre-death pain and suffering will remain in effect through at least 2030.
In California, non-economic damages—such as pain, suffering, disfigurement, and emotional distress—are subject to limits under a law known as MICRA (the Medical Injury Compensation Reform Act). Here's how those caps currently stand as far as maximum amounts recoverable by patients for their heirs:
- $430,000 for non-fatal injury cases (as of 2025)
- $600,000 for wrongful death cases (as of 2025)
Additional caps may apply if more than one provider (e.g., both a hospital and a doctor) is responsible, potentially allowing multiple "buckets" of recovery.
For example, imagine a patient suffers for two years after a delayed cancer diagnosis, enduring pain, complications, and emotional trauma, then tragically dies:
The family may now recover up to $600,000 for wrongful death, plus up to $430,000 for the patient's own pre-death suffering. And if more than one type of provider is involved, the potential recovery could increase further.
This legal reform helps ensure that victims of medical negligence—especially those who don't survive—are not forgotten or silenced. It makes it possible to seek real accountability and to recover fair compensation for the real harm done.
For decades, medical lobby groups have warned that awarding fair compensation in malpractice cases would drive up health insurance premiums for everyday Californians. This narrative has been repeated in courtrooms, legislative hearings, and public forums for over 35 years.
But here's the truth: there is no evidence—none—that fairly compensating victims of medical malpractice has raised the cost of health insurance in California.
Rising malpractice insurance costs do not burden doctors and hospitals. Patients are not seeing increases in their health insurance premiums. Justice is being served without economic harm to the healthcare system.
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