Eloise Reyes
- Democratic
- Assemblymember
- District 50
Author
Existing law, referred to as the Medical Injury Compensation Reform Act of 1975 (MICRA) , prohibits an attorney from contracting for or collecting a contingency fee for representing any person seeking damages in connection with an action for injury or damage against a health care provider based upon alleged professional negligence in excess of specified limits. This bill would recast those provisions and base the amount of contingency fee that may be contracted for upon whether recovery is pursuant to settlement agreement and release of all claims executed before a civil complaint or demand for arbitration is filed, or pursuant to settlement, arbitration, or judgment after a civil complaint or demand for arbitration is filed, as specified. The bill would add and revise definitions for these purposes. Existing law provides that in any action against a health care provider based upon professional negligence, the injured plaintiff is entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damage. Existing law limits the amount of damages for noneconomic losses in an action for injury against a health care provider based on professional negligence to $250,000. This bill would remove the $250,000 limit on noneconomic damages and expand the recast provisions to include an action for injury against a health care institution, as defined. The bill would increase the applicable limitation based upon whether the action for injury involved wrongful death. The bill would specify that these limitations would increase by $40,000 each January 1st for 10 years and beginning on January 1, 2034, the applicable limitations on noneconomic damages for personal injury and for wrongful death would be adjusted for inflation on January 1st of each year by 2%. Existing law specifies that in any action for injury or damages against a provider of health care services, a superior court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds $50,000. This bill would increase the minimum amount of the judgment required to request periodic payments to $250,000. Existing law makes statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person, or to the family of that person, inadmissible as evidence of an admission of liability in a civil action. This bill would specify that statements, writings, or benevolent gestures expressing sympathy, regret, a general sense of benevolence, or suggesting, reflecting, or accepting fault relating to the pain, suffering, or death of a person, or to an adverse patient safety event or unexpected health care outcome, as specified, shall be confidential, privileged, protected, not subject to subpoena, discovery, or disclosure, and shall not be used or admitted into evidence in any civil, administrative, regulatory, licensing, or disciplinary board, agency, or body action or proceeding, and shall not be used or admitted in relation to any sanction, penalty, or other liability, as evidence of an admission of liability or for any other purpose.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 17, Statutes of 2022.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 0.).
From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 0.) (May 11).
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
Joint Rule 62(a), file notice suspended. (Page 4600.)
Read second time. Ordered to third reading.
In Assembly. Concurrence in Senate amendments pending. May be considered on or after May 7 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 1. Page 3616.).
Senate Rules suspended
From committee: Do pass. (Ayes 11. Noes 0.) (May 3).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Senate Rule 26 invoked. (Reyes).
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 16. Page 1715.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 3.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (April 26).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on A.,E.,S.,T., & I.M. (Ayes 8. Noes 2.) (March 23).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Referred to Coms. on JUD. and A.,E.,S.,T., & I.M.
From printer. May be heard in committee January 7.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB35 | HTML |
| 12/07/20 - Introduced | |
| 03/15/21 - Amended Assembly | |
| 03/24/21 - Amended Assembly | |
| 04/28/21 - Amended Assembly | |
| 07/01/21 - Amended Senate | |
| 04/27/22 - Amended Senate | |
| 05/13/22 - Enrolled | |
| 05/23/22 - Chaptered |
| Document | Format |
|---|---|
| 03/19/21- Assembly Judiciary | |
| 04/23/21- Assembly Arts, Entertainment, Sports, Tourism, and Internet Media | |
| 05/10/21- Assembly Appropriations | |
| 05/24/21- ASSEMBLY FLOOR ANALYSIS | |
| 07/09/21- Senate Judiciary | |
| 05/02/22- Senate Judiciary | |
| 05/06/22- ASSEMBLY FLOOR ANALYSIS | |
| 05/07/22- Assembly Judiciary | |
| 05/11/22- ASSEMBLY FLOOR ANALYSIS |
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