What is the test for punitive damages in a medical malpractice case?
California, United States of America
The following excerpt is from Dunlap v. Starz Home Entm't., LLC, B230069 (Cal. App. 2013):
"In a civil case not arising from the breach of a contractual obligation, the jury may award punitive damages 'where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.' (Civ.Code, 3294, subd. (a).)" (Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 712.) In reviewing a challenge to
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