What is the quantum of damages awarded by a jury in a medical malpractice case?

Looking at the record, as we must, in a light most favorable to the judgment, it appears the jury could properly have concluded the conduct of defendant in this case was highly reprehensible. (See Neal v. Farmers Ins. Exchange, supra, 21 Cal.3d at pp. 928-929, 148 Cal.Rptr. 389, 582 P.2d 980.)

The jury could conclude that defendant consciously pursued a practice or policy of cheating insureds out of benefits by obtaining incorrect opinions of total disability from treating physicians. The jury could conclude that plaintiff's own treating physician was misled by defendant's systematic claims practices and that defendant acted in bad faith by summarily denying plaintiff's claim even though her treating physician had indicated she could not work at her regular occupation, driving a school bus. The jury's verdict is accorded great weight and "we may not tamper with it unless we can say, as a matter of law, that the jury acted from passion or prejudice." (Pistorius v. Prudential Insurance Co., supra, 123 Cal.App.3d at p. 554, 176 Cal.Rptr.

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[150 Cal.App.3d 641]

C. Punitive Award Compared to Net Worth and Income