Code of Civil Procedure § 425.13 – Punitive Damages in Medical Malpractice Cases
Free Consultation Request
Code of Civil Procedure § 425.13 – Punitive Damages in Medical Malpractice Cases
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 – 475]
( Title 6 enacted 1872. )CHAPTER 2. Pleadings Demanding Relief [425.10 – 429.30]
( Chapter 2 repealed and added by Stats. 1971, Ch. 244. )ARTICLE 1. General Provisions [425.10 – 425.55]
( Article 1 added by Stats. 1971, Ch. 244. )California Law
425.13.
(a) In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier.
(b) For the purposes of this section, “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.
(Amended by Stats. 1988, Ch. 1205, Sec. 1.)
California Law Summary
This statute imposes a special pleading requirement for plaintiffs seeking punitive damages in lawsuits against health care providers for injuries allegedly arising from professional negligence (medical malpractice).
Key Requirements:
Plaintiffs cannot include a request for punitive damages in the initial complaint.
Instead, they must file a motion with the court and demonstrate, through a preliminary showing of evidence, that there is a substantial probability they will prevail on the punitive damages claim.
Only if the court is satisfied with this showing may the plaintiff amend the complaint to include punitive damages.
Purpose
To protect health care professionals from unsubstantiated punitive damage claims early in litigation and to discourage frivolous or speculative punitive allegations in medical malpractice cases.
Application
If a personal injury lawsuit alleges that a health care provider’s conduct was fraudulent, malicious, or oppressive, the plaintiff must satisfy the procedural requirements of § 425.13 before pursuing punitive damages. This is especially relevant in elder abuse, nursing home neglect, or gross malpractice cases.
