Compensation
Dental Malpractice Compensation in California
California law shapes what a successful dental malpractice claim can recover, particularly through MICRA's cap on non-economic damages. Here's how it works.
Types of Damages
A dental malpractice claim can potentially include two categories of damages:
- Economic damages: quantifiable financial losses, such as past and future medical or dental treatment costs (including corrective procedures), lost income, and related out-of-pocket expenses.
- Non-economic damages: compensation for pain and suffering, disfigurement, and loss of quality of life, which is harder to quantify and is where MICRA's cap applies.
The MICRA cap, in plain terms
What Affects the Value of a Claim
Every case is different, and no outcome can be predicted in advance. Factors that are typically relevant to evaluating a dental malpractice claim include the severity and permanence of the injury, the medical and dental costs already incurred and expected in the future, any lost income, and the strength of the evidence connecting the injury to a departure from the standard of care.
Wondering what a dental malpractice claim could involve?
Before compensation is even relevant, a claim has to be viable and timely — see can I sue my dentist and California's statute of limitations.
Frequently Asked Questions
What is MICRA?
MICRA is California's Medical Injury Compensation Reform Act, a law that governs medical and dental malpractice claims, including procedural requirements and a cap on non-economic damages such as pain and suffering.
What is the current MICRA cap?
As amended by AB 35, effective January 1, 2026, the cap on non-economic damages is $470,000 for non-death injury cases and $650,000 for wrongful death cases. These figures are set to increase incrementally in future years under the statute's schedule.
Does the cap apply to medical bills and lost wages?
No. The MICRA cap applies specifically to non-economic damages (such as pain and suffering). Economic damages — including past and future medical expenses, lost income, and related financial losses — are generally not subject to this cap.
Related Pages
Page last reviewed for accuracy: September 2026.
Sources
This page is for general information only and is not legal or medical advice. Laws and figures such as damages caps change; verify current details with a licensed attorney before relying on them.