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California Civil Code Section 3333.2

Legal Research Home > California Laws > Civil Code > California Civil Code Section 3333.2

3333.2.  (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.
   (b) In no action shall the amount of damages for noneconomic
losses exceed two hundred fifty thousand dollars ($250,000).
   (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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Last modified: March 17, 2014