What is the test for determining excessive punitive damages in a medical malpractice case?

California, United States of America


The following excerpt is from Bigler-Engler v. Breg, Inc., 209 Cal.Rptr.3d 619 (Cal. App. 2016):

Because the quintessence of punitive damages is to deter future misconduct by the defendant, the key question before the reviewing court is whether the amount of damages exceeds the level necessary to properly punish and deter. [Citations.] The question cannot be answered in the abstract. The reviewing court must consider the amount of the award in light of the relevant facts. The nature of the inquiry is a comparative one. Deciding in the abstract whether an award is excessive is like deciding whether it is bigger, without asking Bigger than what? (Adams v. Murakami (1991) 54 Cal.3d 105, 110, 284 Cal.Rptr. 318, 813 P.2d 1348 (Adams ).)

Other Questions


What is the test for determining whether a medical malpractice case has been successful when the medical director made a determination based on the extrinsic evidence? (California, United States of America)
What is the test for determining punitive damages in a medical malpractice case? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
What is the test for punitive damages in medical malpractice cases? (California, United States of America)
What is the test for punitive damages in a medical malpractice case? (California, United States of America)
How have the courts dealt with a motion to strike punitive damages allegations in a medical malpractice case? (California, United States of America)
What is the test for punitive damages in a medical malpractice case? (California, United States of America)
What is the test for punitive damages in a medical malpractice case? (California, United States of America)
What is the test for determining whether to increase or reduce the lodestar in a medical malpractice case? (California, United States of America)
Is there any case law where an evidentiary privilege has been applied in the context of a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.