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

California, United States of America


The following excerpt is from Jackson v. Johnson, 5 Cal.App.4th 1350, 7 Cal.Rptr.2d 482 (Cal. App. 1992):

The jury having determined that one of the elements of malpractice, actual damages, had not been established, the punitive damages award is invalid.

c. Clark v. McClurg and its progeny

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