AB 35

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jun 01, 2021
  • Passed Senate May 05, 2022
  • Signed by Governor May 23, 2022

Civil damages: medical malpractice.

Abstract

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.

Bill Sponsors (40)

Gonzalez

     
Coauthor

Rubio

     
Coauthor

Votes


Actions


May 23, 2022

California State Legislature

Approved by the Governor.

California State Legislature

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

May 19, 2022

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

May 12, 2022

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 0.).

May 11, 2022

Assembly

From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 0.) (May 11).

May 09, 2022

Assembly

Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Com. on JUD. pursuant to Assembly Rule 77.2.

Assembly

Joint Rule 62(a), file notice suspended. (Page 4600.)

May 05, 2022

Senate

Read second time. Ordered to third reading.

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after May 7 pursuant to Assembly Rule 77.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 1. Page 3616.).

Senate

Senate Rules suspended

May 04, 2022

Senate

From committee: Do pass. (Ayes 11. Noes 0.) (May 3).

Apr 27, 2022

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Senate

Senate Rule 26 invoked. (Reyes).

Jul 13, 2021

Senate

In committee: Set, first hearing. Hearing canceled at the request of author.

Jul 01, 2021

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 09, 2021

Senate

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Jun 02, 2021

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jun 01, 2021

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 16. Page 1715.)

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

From committee: Do pass. (Ayes 12. Noes 3.) (May 20).

May 12, 2021

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

Apr 29, 2021

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 28, 2021

Assembly

Read second time and amended.

Apr 27, 2021

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (April 26).

Mar 25, 2021

Assembly

Re-referred to Com. on A.,E.,S.,T., & I.M.

  • Referral-Committee
Com. on A.,E.,S.,T., & I.M.

Mar 24, 2021

Assembly

Read second time and amended.

Mar 23, 2021

Assembly

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).

Mar 16, 2021

Assembly

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Mar 15, 2021

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

Jan 11, 2021

Assembly

Referred to Coms. on JUD. and A.,E.,S.,T., & I.M.

  • Referral-Committee
Coms. on JUD. and A.,E.,S.,T., & I.M.

Dec 08, 2020

Assembly

From printer. May be heard in committee January 7.

Dec 07, 2020

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB35 HTML
12/07/20 - Introduced PDF
03/15/21 - Amended Assembly PDF
03/24/21 - Amended Assembly PDF
04/28/21 - Amended Assembly PDF
07/01/21 - Amended Senate PDF
04/27/22 - Amended Senate PDF
05/13/22 - Enrolled PDF
05/23/22 - Chaptered PDF

Related Documents

Document Format
03/19/21- Assembly Judiciary PDF
04/23/21- Assembly Arts, Entertainment, Sports, Tourism, and Internet Media PDF
05/10/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
07/09/21- Senate Judiciary PDF
05/02/22- Senate Judiciary PDF
05/06/22- ASSEMBLY FLOOR ANALYSIS PDF
05/07/22- Assembly Judiciary PDF
05/11/22- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.