Q: Health and Safety Code. Punitive damages. Doctor and hospital.

A: Under California law, there are a few key provisions in the Health and Safety Code that address punitive damages in lawsuits against doctors and hospitals:

1. Health and Safety Code Section 1799.2(a) - Limits on punitive damages against health care providers in emergency situations, stating that punitive damages can only be awarded if there is "clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice in the commission of the acts complained of."

2. Health and Safety Code Section 3333.2 (as amended by AB 35) - Part of the Medical Injury Compensation Reform Act (MICRA), this section now caps non-economic damages in professional negligence actions against health care providers. As of January 1, 2023, the cap is $350,000 for non-hospital healthcare providers and $350,000 for hospitals, with incremental increases each year until January 1, 2033, when the caps will reach $750,000 and $1,500,000, respectively. These caps will then increase by 2% annually starting January 1, 2034. While this doesn't directly address punitive damages, it does limit the total amount of non-economic damages that can be awarded.

3. Health and Safety Code Section 1799.110 - Provides certain immunities for emergency medical services personnel, which can limit their liability for punitive damages in some situations.

It's important to note that while these statutes provide some specific guidelines and limitations, much of the law around punitive damages in medical malpractice cases in California is established through case law and other statutory provisions outside of the Health and Safety Code. The standards for awarding punitive damages are generally set by the Civil Code and court interpretations of it. The caps in MICRA apply to non-economic damages, not punitive damages, which are subject to different standards and limitations.