Legal Question in Medical Malpractice in California

Can a Plaintiff state the amount of money being sought in a Complaint, for a Medical Malpractice claim on Pain and Suffering Damages, General Damages, and Special Damages?

I know that in Personal Injury cases, Plaintiffs are NOT to state the amount of money sought in damages, but what about Medical Malpractice claims.

Asked on 8/26/14, 10:56 pm

1 Answer from Attorneys

Michael Wasserman Michael Wasserman, Esq.

The law is the same on medical malpractice cases. The law governs all personal injury cases. A complaint for medical negligence is silent on the amount of money being sought. Thereafter, you can serve on the Defendant or the Defendant will request you to set forth the monetary amount demanded in a Statement of Damages.

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Answered on 8/26/14, 11:12 pm

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