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Medical Professional Liability State Profile:

California

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CME Requirements

Credit Amount
  • For MDs, California requires 50 hours of approved CME credits per licensure cycle. All must be Category 1 approved.
  • For DOs, effective January 1, 2022, licensees must complete 50 credit hours per licensure cycle; 20 hours must be AOA Category 1A or 1B.

Licensure Cycle
Biennial—for licenses issued after July 1, 2018, the license expires at midnight on the expiration date, which is the last day of the month in which it was issued. For licenses issued before July 1, 2018, the license expires at midnight on the expiration date, which is the last day of the physician's birth month. If an initial license was issued for less than 13 months, only 25 hours must be completed.

Topics

Physicians (with exemptions for radiologists and pathologists) must complete a one-time CME course in pain management and the treatment of terminally ill and dying patients. There are two ways to meet these requirements.

  • By completing 12 CME hours in the treatment and management of patient with opioid use disorders. If this course is chosen it must include 8 hrs. of CME in buprenorphine treatment or other opioid replacement therapy.

OR

  • Physicians may complete 12hrs of pain management and or the treatment of patients who are terminally ill/at the end of life. Any combination of courses in these topic areas are acceptable.

CME requirements listed above were updated based on the Medical Board of California's information, but education requirements do change. Certain states might have modified their licensure requirements due to COVID-19. Physicians should confirm California's current requirements on the Medical Board of California's Continuing Medical Education page.

  • Prejudgment and Post-Judgment Interest
  • One-party or two-party state
  • Tort Laws
  • Abortion Law

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate

  • General Rule: 7%
    • Const. Art. XV, §1
  • Personal Injury Tort Actions Where Offer to Compromise was Made: Except for actions against public entities and their employees, if a plaintiff in a personal injury action makes an offer of compromise that is rejected, a plaintiff is entitled to interest if the judgment is greater than the offer of compromise. Rate: 10% per year.
    • Civ. Code § 3291

Prejudgment Accrual Date:

  • General Rule: If ascertainable, from the date ascertainable. Otherwise, at the discretion of the jury.
    • Levy-Zentner Co. v. S. Pac. Transp. Co., 142 Cal. Rptr. 1 (Cal. Ct. App. 1977) (property damage case); Cal. Civ. Code § 3287
    • Civ. Code § 3288
  • Personal Injury Tort Actions Where Offer to Compromise was Made: Date of the offer of compromise.
    • Civ. Code § 3291

Post-Judgment Tort Actions Rate:

  • General Rule: Unless changed by the Legislature, 10% per year
    • Code Civ. Proc. § 685.010
  • If claim related to medical expenses and principal less than $200,000, then 5% per year
    • Code Civ. Proc. § 685.010

Post-Judgment Accrual Date: Date of judgment

  • Cal. Code Civ. Proc. § 685.020(a); but see Cal. Code Civ. Proc. § 685.020(b) (installment payments)

One-party or two-party state

California is a two-party state.

In California, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of everyone taking part in the communication. This means that in California you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. However, there are a few exceptions such as:

  • Public conversations with no expectation of privacy
  • Within government proceedings that are open to the public
  • Recording certain crimes

California also has a wiretapping law (Cal. Penal Code §632.) which can result in criminal prosecution for the unauthorized recording of a phone line (or other media).

Tort Laws

Limits on damages for pain and suffering:

  • $350,000 noneconomic damages cap in action not involving wrongful death
  • $500,000 noneconomic damages cap in action involving wrongful death
  • Cal. Civ. § 3333.2

Limits on contingent attorney fees:

  • 25% if matter settled prior to filing complaint/arbitration demand
  • 33% if matter resolved after filing complaint/arbitration demand, subject to court approval if disputed
  • Cal. Bus. & Prof. § 6146

Reform of collateral source rule: Evidentiary – Bans subrogation

  • Cal. Civ. § 3333.1

Periodic payment of future damages: Mandatory over $250,000 at request of either party

  • Cal. Civ. Proc. § 667.7

Statute of limitations: 3 yrs or 1 yr from discovery, maximum of 3 yrs unless tolled

  • Cal. Civ. Proc § 340.5

Abortion Law

Now that the Supreme Court has overturned Roe:

Abortion will remain legal in California. The state’s highest court recognized abortion rights under the California Constitution in 1969, four years before Roe. State law protects the right to personal reproductive decisions. In November 2022, Californians approved Prop 1, which explicitly adds abortion and contraception rights to the state constitution.

Abortion Bans:

  • Gestational ban
    • Viability (enforced)

Abortion Restrictions:

  • Parental involvement
    • Parental consent requirement (law is enjoined)

Abortion Protections: (in effect)

  • Statutory protections for abortion
  • State constitutional protection
  • Public funding
  • Private insurance requirement
  • Clinic safety and access law
  • Health Care Practitioners
  • Interstate Shield