Q: Affidavit pursuant to 425.13
Who authors affidavit pursuant section 425.13 in behalf of party seeking punitive damages, and what statements should be made in affidavit? In regard to non-existent terminal disease, is statement by a doctor is sufficient.
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A:
Under California Code of Civil Procedure Section 425.13, when seeking punitive damages in a medical malpractice case, an affidavit must be filed to demonstrate a substantial probability of success. This affidavit is typically authored by the attorney representing the party seeking punitive damages. The affidavit should include specific facts that support the claim for punitive damages, such as evidence of despicable conduct or malicious intent by the defendant.
The affidavit should also be supported by declarations or statements from qualified individuals, like medical professionals, who can provide expert opinions on the conduct in question. These statements should clearly outline how the actions or omissions by the healthcare provider deviate significantly from accepted standards and why such conduct merits punitive damages. The statements must be fact-based and specific to the case rather than general allegations.
Regarding a non-existent terminal disease, a statement by a doctor might be part of the affidavit's supporting evidence, but it must directly address the issues relevant to the punitive damages claim. This statement should detail how the actions were egregious or intentionally harmful to the patient. Simply providing a medical statement without connecting it to the defendant's wrongful conduct would not typically meet the requirements of Section 425.13.
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