HomeMy WebLinkAboutMINUTES - 06111985 - 1.22 TO: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County AdministratorAM
Cost-aa
DATE: WPV June 4, 1985 County
sUBJECTLegislation: SB 520 (Petris)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of opposition to SB 520 by Senator Petris which
would significantly increase the County' s medical malpractice
exposure.
BACKGROUND:
Current law provides for all of the following:
1. The amount of contingency fee an attorney may receive
for representing a person seeking damages against a
health care provider based on professional negligence
is limited to certain percentages depending on the
amount of the judgment or settlement (ranging from 40%
of the first $50,000 to 10% for amounts in excess of
$200,000) .
2. The defendant may ask that the amount of any judgment
take into account amounts received by the plaintiff
from Social Security, Medi-Cal, Medicare, disability
insurance, Workers' Compensation, or health insurance
related to the injury.
3 . Recovery by the plaintiff for pain and suffering are
limited in the case of an action for injury against a
health provider for professional negligence to
$250 ,000.
4. The court may, at the request of either party, provide
for periodic payments rather than a lump-sum payment if
the award equals or exceeds $50,000 in future damages.
5. A three-year statute of limitations from the date of
injury or death, or one-year statute of limitations
after the plaintiff discovers, or should have
discovered, the injury for any action against a health
care provider for professional negligence and provides
specific circumstances under which the statute of
limitations would be tolled.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Aw
X RECOMMENDATION OF COUNTY ADMINISTRATOR �_ RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURES)
ACTION OF BOARD ON June 11 . 1925 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
CC: County Counsel ATTESTED 4U/X-10" 1Z ) 1195
Health Services Director PHILUBATCHELOR, CLERK OF THE BOARD OF
Senator Nicholas Petris SUPERVISORS AND COUNTY ADMINISTRATOR
S6nator Bill Lockyer, Chairman
Senate Judiciary .
Ms92/7-ee CSAC Director BY DEPUTY
Page 2
SB 520 would repeal all of these provisions,. In terms of the
statute of limitations, SB 520 would lengthen the period for
filing an action from three to four years and would broaden the
conditions under which the statute of limitations would be
tolled.
Most of these provisions have been law in California since 1975.
They have helped to hold down inappropriate and unnecessary
awards to plaintiffs in cases of medical malpractice. As a
provider of medical care, and an employer of medical
professionals, SB 520 would substantially expand the County's
exposure to enormous and generally unsupportable awards by juries
and would lengthen the period of time the County remains liable
for such actions, as well as the conditions under which such
statutes of limitation are tolled.
SB 520 does not change the liability of a defendant for proven
actual monetary losses by a plaintiff.
In view of the considerable additional economic exposure to the
County if SB 520 were to pass, County Counsel and this office
recommend that the Board oppose SB 520. The bill is currently
pending in the Senate Judiciary Committee.