California Appellate Tracker

Ng v. Superior Court (2025) 108 Cal.App.5th 382

April 10, 2025

Damages, MICRA Limits, Combined Survival and Wrongful Death Action, Two MICRA Caps On Noneconomic Damages, 1, 1

In 2022, the Legislature enacted CCP 377.34 which for the first time allowed recovery for the decedent’s pain and suffering in a survival action brought on the decedent’s behalf for damages suffered before death. That claim is entirely separate and distinct from any wrongful death claim by the decedent’s heirs in which the heirs can claim damage for loss of consortium or loss of the decedent’s companionship and society. Since the claims are distinct and separate, each is subject to a separate MICRA cap (Civ. Code 3333.2) on noneconomic damages in a medical malpractice action. That MICRA cap is now $500,000 for wrongful death cases and will adjust upwards in future years.

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Ng v. Superior Court (2025) 108 Cal.App.5th 382

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