California Medical Malpractice Laws

The cap on noneconomic damages is $250,000. The statute of limitations is the first to occur of either three years after the injury or one year after discovery of the injury (for minors under age 6, three years or by age 8, whichever is longer). Modified joint liability: defendants are proportionately liable for noneconomic damages based on their percentage of fault. Attorney fees cannot exceed 40% of the first $50,000, one-third of the next $50,000, 25% of the next $500,000, and 15% of damages in excess of $600,000. Periodic payments of future damages in excess of $50,000 must be made if requested by any party. No requirement for an affidavit or certificate of merit. For claims involving emergency medical services provided in acute care hospitals, special rules apply with regard to experts.

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