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California Civil Code section 3333.2 provides: |
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| (a) |
In any action for injury against a health care provider based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage. |
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| (b) |
In no action shall the amount of damages for noneconomic losses exceed two hundred fifty thousand dollars ($250,000). |
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| (c) | For the purposes of this section: | ||
| (1) | "Health care provider" means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. "Health care provider" includes the legal representatives of a health care provider; | ||
| (2) |
"Professional negligence" means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. |
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This $250,000 limitation on the recovery for pain and suffering in medical malpractice actions in California was passed by the California Legislature in 1975 specifically to protect hospitals, medical clinics, nurses, doctors and other medical care providers.
In most wrongful death cases, this $250,000 limit applies to the recovery of non-economic damages for the entire family for the loss of a loved one, whether the surviving family consists of one or more persons (spouse and/or children).
Under very limited circumstances, recovery of non-economic damages beyond one $250,000 limit may apply in cases of negligent infliction of emotional distress.
If you are suffering from harm as a result of mistakes made by a doctor, nurse, medical clinic, hospital or other medical care provider, IT IS IMPORTANT THAT YOU CONTACT AN ATTORNEY so that you can be advised of your rights and responsibilities before filing a lawsuit.
For a free consultation with an experienced Los Angeles trial and appellate lawyer who specializes in medical malpractice, contact The Hidalgo Law Firm, PC today.
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THE HIDALGO LAW FIRM, PC California Statutes of Limitations |