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California Business And Professions Code Section 6146

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 6146

(a) An attorney shall not contract for or collect 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 such person's alleged professional negligence in
excess of the following limits:
   (1) Forty percent of the first fifty thousand dollars ($50,000)
recovered.
   (2) Thirty-three and one-third percent of the next fifty thousand
dollars ($50,000) recovered.
   (3) Twenty-five percent of the next five hundred thousand dollars
($500,000) recovered.
   (4)  Fifteen percent of any amount on which the recovery exceeds
six hundred thousand dollars ($600,000).
   The limitations shall apply regardless of whether the recovery is
by settlement, arbitration, or judgment, or whether the person for
whom the recovery is made is a responsible adult, an infant, or a
person of unsound mind.
   (b) If periodic payments are awarded to the plaintiff pursuant to
Section 667.7 of the Code of Civil Procedure, the court shall place a
total value on these payments based upon the projected life
expectancy of the plaintiff and include this amount in computing the
total award from which attorney's fees are calculated under this
section.
   (c) For purposes of this section:
   (1) "Recovered" means the net sum recovered after deducting any
disbursements or costs incurred in connection with prosecution or
settlement of the claim.  Costs of medical care incurred by the
plaintiff and the attorney's office-overhead costs or charges are not
deductible disbursements or costs for such purpose.
   (2) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500), 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.
   (3) "Professional negligence" is 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 the 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.

Last modified: January 12, 2009