What is the limitation on punitive damages in a medical malpractice action?
California, United States of America
The following excerpt is from Austin v. Regents of University of California, 152 Cal.Rptr. 420, 89 Cal.App.3d 354 (Cal. App. 1979):
[89 Cal.App.3d 359] (b) While there is no restriction against claiming punitive damages as against the defendant doctor, the allegations in plaintiff's complaint are purely conclusionary and do not meet the requirements set forth in Gombos v. Ashe (1958) 158 Cal.App.2d 517, 322 P.2d 933. However, since we permit plaintiff to go forward with his first cause of action, he should be permitted, if he so desires, to amend those allegations by pleading such factual matter as he can properly plead to amplify the present inadequate pleading.
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