§ 667.7.Judgment Ordering Payment of Future Damages By Periodic Payments In Action Against Health Care Provider

Title 8. Of the Trial and Judgment In Civil Actions · Chapter 8. The Manner of Giving and Entering Judgment · Last amended 2023 · Last verified July 28, 2026

In one sentenceSection 667.7 requires a court, on either party's request, to enter judgment ordering periodic rather than lump-sum payment of future damages of $250,000 or more in a health care provider negligence action, with security for uninsured judgment debtors and contempt sanctions for a pattern of missed payments.

Full Text of § 667.7

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) In any action for injury or damages against a provider of health care services, a superior court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds two hundred fifty thousand dollars ($250,000) in future damages. In entering a judgment ordering the payment of future damages by periodic payments, the court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages. As a condition to authorizing periodic payments of future damages, the court shall require the judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the judgment debtor.

(b)

(1) The judgment ordering the payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. Such payments shall only be subject to modification in the event of the death of the judgment creditor.

(2) In the event that the court finds that the judgment debtor has exhibited a continuing pattern of failing to make the payments, as specified in paragraph (1), the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including court costs and attorney's fees.

(c) However, money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor, but shall be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately prior to their death. In such cases the court which rendered the original judgment, may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subdivision.

(d) Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments shall cease and any security given, pursuant to subdivision (a) shall revert to the judgment debtor.

(e) As used in this section:

(1) "Future damages" includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor.

(2) "Periodic payments" means the payment of money or delivery of other property to the judgment creditor at regular intervals.

(3) "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.

(4) "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.

(f) It is the intent of the Legislature in enacting this section to authorize the entry of judgments in malpractice actions against health care providers which provide for the payment of future damages through periodic payments rather than lump-sum payments. By authorizing periodic payment judgments, it is the further intent of the Legislature that the courts will utilize such judgments to provide compensation sufficient to meet the needs of an injured plaintiff and those persons who are dependent on the plaintiff for whatever period is necessary while eliminating the potential windfall from a lump-sum recovery which was intended to provide for the care of an injured plaintiff over an extended period who then dies shortly after the judgment is paid, leaving the balance of the judgment award to persons and purposes for which it was not intended. It is also the intent of the Legislature that all elements of the periodic payment program be specified with certainty in the judgment ordering such payments and that the judgment not be subject to modification at some future time which might alter the specifications of the original judgment.

End

Plain-English Summary

This section reshapes how large malpractice judgments against health care providers get paid. When future damages equal or exceed $250,000, either party can require the court to order those damages paid through periodic payments instead of a single lump sum. The court has to specify the exact dollar amount of periodic payments needed to compensate the judgment creditor, and if the judgment debtor isn't adequately insured, the court must require security sufficient to guarantee full payment — security that reverts to the debtor once the periodic payments end.

Subdivision (b) requires the judgment itself to spell out every detail: who gets paid, how much, how often, and for how long or how many payments. Those terms can be modified only if the judgment creditor dies. If the judgment debtor shows a continuing pattern of missing payments, the court must hold that debtor in contempt and order payment of all resulting damages, including costs and attorney's fees, on top of the periodic payments already owed.

Subdivision (c) carves out an exception for lost future earnings: those payments don't stop at the judgment creditor's death, but continue to whoever the creditor legally owed a duty of support, with the original court free to apportion the unpaid balance on request. Once every payment obligation in the judgment has run its course, subdivision (d) ends the debtor's further obligations and returns any posted security.

Frequently Asked Questions

When must a court order periodic payments instead of a lump sum?

When either party requests it in a health care provider negligence action and future damages equal or exceed $250,000.

Can the periodic payment terms be changed later?

Only if the judgment creditor dies, except for future-earnings payments, which continue to dependents instead of stopping.

What happens if the judgment debtor keeps missing periodic payments?

The court must hold the debtor in contempt and order payment of all resulting damages, including costs and attorney's fees.

What is "future damages" for purposes of this section?

Future medical treatment, care or custody, lost future earnings, loss of bodily function, or future pain and suffering.

Amendment History

Amended by Stats 2022 ch 17 (AB 35),s 4, eff. 1/1/2023. Amended by Stats. 1975, 2nd Ex. Sess., Ch. 2.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: periodic payments medical malpractice californiastructured judgment future damages