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Civil Litigation

Jun. 4, 2003

Procedural Rule Shouldn't Bar Meritorious Punitives Claims

While most litigators are familiar with the limitations on jury awards for noneconomic damages in medical-malpractice cases, few understand the constraints on punitive damages.

Aashish Y. Desai

Desai Law Firm PC

3200 Bristol Street #650
Costa Mesa , CA 92626

Phone: (949) 614-5830

Fax: (949) 271-4190

Email: aashish@desai-law.com

University of Houston Law Center; Houston TX

While most litigators are familiar with the limitations on jury awards for noneconomic damages in medical-malpractice cases, few understand the constraints on punitive damages.

Health care professionals enjoy great benefits in such litigation. Plaintiffs cannot simply allege punitive damages against health care professionals, even if they are claiming fraudulent conduct. Instead, Code of Civil Procedure Section 425.13 requires plaintiffs to bring a motion for punitive damages with...

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