Collateral Source Rule in CALIFORNIA Medical Malpractice Actions

California Civil Code section 3333.1 provides:
"(a) In the event the defendant so elects, in an action for personal injury against a health care provider based upon professional negligence, he may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal injury pursuant to the United States Social Security Act, any state or federal income disability or worker's compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his right to any insurance benefits concerning which the defendant has introduced evidence.
(b) No source of collateral benefits introduced pursuant to subdivision (a) shall recover any amount against the plaintiff nor shall it be subrogated to the rights of the plaintiff against a defendant.
(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."

This statute was passed by the California Legislature in 1975 to protect hospitals, medical clinics, nurses, doctors and other medical care providers, at the cost and prudence of patients who buy insurance, and at the cost of government agencies funded by tax-payers' dollars.

If you are suffering from harm as a result of mistakes made by a doctor, nurse, medical clinic, hospital or other medical care provider, it is important that you contact an attorney so that you can be advised of your rights and responsibilities before filing a lawsuit.

For questions or comments, you are invited to contact the HIDALGO law firm.


H  I  D  A  L  G  O
323-724-5171


MICRA
$250,000 Limit  -  90-Day Letter
Attorneys Fees  -  Collateral Source Rule  -  Periodic Payments
California Statutes of Limitations