(a) A prisoner may maintain an action for injury to such prisoner, including physical
or mental injury, or both, caused by the wrongful or negligent act of a person during
the course of the prisoner's participation in biomedical or behavioral research conducted
pursuant to this title.
(b) In any action pursuant to this section, such damages may be awarded as under all
of the circumstances of the case may be just.
(c) When the death of a prisoner is caused by the wrongful act or neglect of another,
his or her heirs or personal representatives on their behalf may maintain an action
for damages against the person causing the death, or if dead, such person's personal
(d) If an action arising out of the same wrongful act or neglect may be maintained
pursuant to subdivision (c) for wrongful death to any such prisoner, the action authorized
by subdivision (a) shall be consolidated therewith for trial on motion of any interested
(e) For the purposes of this section, “heirs” mean only the following:
(1) Those persons who would be entitled to succeed to the property of the decedent
according to the provisions of Part 2 (commencing with Section 6400) of Division 6 of the Probate Code, and
(2) Whether or not qualified under paragraph (1), if they were dependent on the decedent,
the putative spouse, children of the putative spouse, stepchildren, and parents. As used in this paragraph, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court
to have believed in good faith that the marriage to the decedent was valid.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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