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CA AB35

Bill

Status

Passed

5/23/2022

Primary Sponsor

Eloise Reyes

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Restructures attorney contingency fee limits in medical malpractice cases: 25% for pre-litigation settlements, 33% for post-litigation settlements or judgments, with discretion for higher fees upon court motion.

  • Removes the $250,000 cap on noneconomic damages and establishes new limits of $350,000 for personal injury and $500,000 for wrongful death actions, increasing by $40,000-$50,000 annually for 10 years, then adjusting 2% annually for inflation starting January 1, 2034.

  • Expands noneconomic damage protections to include health care institutions in addition to health care providers, with separate liability caps for affiliated and unaffiliated defendants.

  • Increases the minimum judgment threshold for mandatory periodic payments from $50,000 to $250,000 in health care provider actions.

  • Establishes privilege protections for statements, writings, and benevolent gestures expressing sympathy, regret, or fault made before lawsuit filing, making them inadmissible as evidence of liability in civil, administrative, or regulatory proceedings.

Legislative Description

Civil damages: medical malpractice.

Last Action

Chaptered by Secretary of State - Chapter 17, Statutes of 2022.

5/23/2022

Committee Referrals

Judiciary5/9/2022
Judiciary6/9/2021
Rules6/2/2021
Appropriations4/27/2021
Arts, Entertainment, Sports, Tourism, and Internet Media3/23/2021
Judiciary1/11/2021

Full Bill Text

No bill text available