Relating to damage awards against health care providers, and including applicability provisions

This bill relates to damage awards against health care providers. Current law does not include the loss of dependent or child care due to the death or severe injury to a spouse or parent who is the primary caregiver as noneconomic damages when determining damage awards against a health care provider. The bill strikes this limitation on noneconomic damages. Current law provides a limit of $250,000 that may be recovered in any civil action for noneconomic damages for personal injury or death against a health care provider unless there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death. The bill removes loss of pregnancy as an exception to this noneconomic damage limit. Current law limits the amount of noneconomic damages that a jury can award a plaintiff if there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death to $1 million, or $2 million if the civil action includes a hospital. The bill strikes this limitation on the amount of noneconomic damages a jury can award a plaintiff.1 percent increase to the $250,000, $1 million, and $2 million caps under current law. The bill strikes the requirement that an award for punitive or exemplary damages shall be paid to the claimant if the claim is against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, nurse, or a hospital, arising out of patient care. Current law provides that if a jury or court finds that the conduct of the defendant was not directed specifically at the claimant, or the person from which the claimant’s claim is derived, and if the claim is not against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, nurse, or a hospital licensed, arising out of patient care, and if the claim is not part of a civil action involving the operation of a commercial motor vehicle, then no more than 25 percent of the punitive or exemplary damages shall be paid to the claimant. The bill strikes the requirement that the claim not be against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, nurse, or a hospital licensed, arising out of patient care. The bill applies to causes of action accrued on or after July 1, 2026.