Cal. Codes » Civil Code

Cal. Civil Code § 3333.1

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(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.

(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.

Notes of Decisions
Cited in 71 cases (11 in the last 5 years), 1977–2025 · leading case: Canister v. Emergency Ambulance Service, Inc.
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Canister v. Emergency Ambulance Service, Inc. (2008) calctapp · cites it 10× “This action raises the issue whether emergency medical technicians (EMT’s) are health care providers protected by the Medical Injury Compensation Reform Act (MICRA; Civ. Code, §§ 3333.1, 3333.2; Code Civ. Proc.”
Delaney v. Baker (1999) cal · cites it 8× “As discussed, section 15657 concerns "neglect" "physical abuse" and "fiduciary abuse." Former section 15610.57 defines neglect as "the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care which a reasonable…”
Roa v. Lodi Medical Group, Inc. (1985) cal · cites it 8× “(Civ. Code, § 3333.1, subd. (b).) In this case we address a challenge to Business and Professions Code section 6146, which places limits on the amount of fees an attorney may obtain in a medical malpractice action when he represents a party on a contingency fee basis.”
Payne Ex Rel. D.P. v. Peninsula School District (2011) ca9 · cites it 4× “It is thus distinguishable from, for example, the collateral source provision of California's Medical Injury Compensation Reform Act (MICRA), Cal. Civ.Code § 3333.1. MICRA permits health care providers who are sued for personal injuries allegedly caused by medical malpractice to…”
Howell v. HAMILTON MEATS & PROVISIONS, INC. (2011) cal · cites it 4× “(Civ. Code, § 3333.1, subd. (a).) Second, a public entity defendant may move, after trial, to reduce a personal injury award against it by the amount of certain collateral source payments.”
Goncalves Ex Rel. Goncalves v. Rady Children's Hospital San Diego (2017) ca9 · cites it 2× “See Cal. Civ. Code § 3333.1 . We hold that the Blues’ motion to expunge the lien is a “civil action .”
HARPER v. COPPERPOINT MUT. INS. HOLDING CO. (2022) nev · cites it 16× “Harper raises two arguments in favor of applying the statute to settlements: (1) construing it by its plain language would produce an absurd result; or (2) the statute should be construed consistent with the way the California Court of Appeal has construed California Civil Code…”
Lagerstrom v. Myrtle Werth Hospital-Mayo Health System (2005) wis · cites it 6× “Code § 12-21-45 (2001)(upon proof by plaintiff that the plaintiff is obligated to repay the medical expenses which have been reimbursed, evidence of plaintiff's reimbursement or payments is admissible); Cal. Civ. Code § 3333.1 (b) (2005) (no source of collateral benefits…”
Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) cal · cites it 4× “he Legislature passed the Medical Injury Compensation Reform Act (MICRA) containing no fewer than six sections defining "professional negligence" as "a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is…”
Hedlund v. Superior Court (1983) cal · cites it 4× “(Civ. Code, § 3333.1.) [6] The Legislature stated the purpose of M.”
Evangelatos v. Superior Court (1988) cal · cites it 2× “(Civ. Code, § 3333.1 [modification of collateral source rule].”
Waters v. Bourhis (1985) cal · cites it 4× “2), (2) the potential reduction of economic damages on the basis of the plaintiff's receipt of collateral source benefits (Civ. Code, § 3333.1), or (3) the periodic payment of damages procedure (Code Civ.”
Show all 71 citing cases →
— Cal. Civil Code § 3333.1(a) — 5 cases
Payne Ex Rel. D.P. v. Peninsula School District (2011) ca9 “It is thus distinguishable from, for example, the collateral source provision of California's Medical Injury Compensation Reform Act (MICRA), Cal. Civ.Code § 3333.1. MICRA permits health care providers who are sued for personal injuries allegedly caused by medical malpractice to…”
Jen D. Cubbage v. Michael Merchent, S.W. Meyer, Parker Community Hospital (1984) ca9
SeaRiver Maritime, Inc. v. Industrial Medical Services, Inc. (1997) cand
Esposito v. O'HAIR (2005) ri
Karsten v. Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. (1992) vaed
— Cal. Civil Code § 3333.1(b) — 1 case
SeaRiver Maritime, Inc. v. Industrial Medical Services, Inc. (1997) cand
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