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(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
22. Said willful and reckless misconduct by defendants Wellness and Jones falls outside the purview of C.C.P. § 340.5 and cannot be reasonably interpreted as acts or omissions occurring within the context of substandard professional health care services, but rather more rationally falls within the context of a gross mis-diagnosis, battery and mistreatment of the Plaintiff.
23. Therefore, said Willful and Reckless Misconduct and Battery by the defendants and each of them, was oppressive and malicious within the meaning of Civil Code §3294 in that said defendant’ conduct was willful, wanton, malicious, oppressive and done with conscious disregard to Plaintiffs rights and safety and in that it subjected plaintiff to cruel and unjust hardship, and injury, and which justifies an award of exemplary and punitive damages in an amount to be determined at trial.
24. As to the other causes of action Plaintiffs damages are not limited by M.I.C.R.A. This cause of action has been pleaded in the alternative.
WHEREFORE, Plaintiff prays for judgment as follows:
1. General damages in the maximum amount provided in law;
2. For past and future medical, hospital, rehabilitation and incidental expenses for care and treatment, according to proof at trial;
3. For past and future lost earnings, and for lost earning capacity, according to proof at trial;
4. For prejudgment and post judgment interest;
5. As to the Second count for punitive and exemplary damages pursuant to Civil Code §3294, or upon any other basis in law, against all named defendants to the extent allowable under the law;
6. For costs of suit; and,
7. For any other and further relief as the Court deems just and proper.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.