How have courts interpreted section 3333.2 and section 1431.2 of the California Health Care Act?
California, United States of America
The following excerpt is from Hughes v. Pham, E052469 (Cal. App. 2014):
"To the extent a specific statute is inconsistent with a general statute potentially covering the same subject matter, the specific statute must be read as an exception to the more general statute." (Salazar v. Eastin (1995) 9 Cal.4th 836, 857.) Because section 3333.2 places a cap on the total recovery of noneconomic damages from health care providers, it is the more specific statute, and we read it as an exception to section 1431.2.9
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