California Hospital Unable to Limit Widow’s Malpractice Damages

A California widow can proceed against health-care providers on claims for noneconomic damages in both wrongful death and survival actions based on the same alleged medical malpractice, a state appellate court said.

The wrongful death and survival statutes create separate causes of action to seek compensation for injuries arising out of the same alleged negligence, and noneconomic damages subject to separate statutory caps are available for each, the California Court of Appeal, Fourth District, said Wednesday. The court ordered the trial court to vacate an order limiting the plaintiff to a single noneconomic damages claim.

California’s comprehensive laws governing medical ...