Health Justice Transformation - California

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on non-economic damages.

Joint Liability for Multiple Defendants

Yes. Defendants are proportionally liable for non-economic damages. However, defendants are jointly and severally liable for economic damages share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Defendant may submit evidence of collateral sources of payment.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes either party may elect for periodic payments in awards exceeding $50,000.

Limitation of Plaintiff’s Attorneys Fees

Yes, limited to 40% of first $50,000, 33.3% of next $50,000; 25% of  the next $500,000; and 15% of any amount exceeding $600,000.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is not mandated but is permitted.

Standards for Expert Testimony/Witness Expert testimony is mandatory

Expert testimony is required to establish prima facia case of medical malpractice, except where the judge can infer negligence from the facts. To qualify as an expert, the witness must have professional knowledge, learning and skill of the subject under inquiry sufficient to qualify the witness to speak with authority on the subject, and must be familiar with the standards required of physicians under similar circumstances.