Calif. Justices Urged To Adopt Med Mal Damages Cap Outlier

By Y. Peter Kang (January 29, 2021, 6:59 PM EST) -- A mother who had a $4.25 million medical malpractice award slashed to $250,000 pursuant to California's cap on pain-and-suffering damages has asked the state's high court to carve out an exception to the rule, saying the cap shouldn't apply to physician assistants providing treatment without a doctor's direct supervision.

In a brief filed Thursday, Marisol Lopez asked the California Supreme Court to reinstate the full award in a suit accusing two physician assistants, Suzanne Freesemann and Brian Hughes, of failing to timely diagnose the malignant melanoma in her daughter that caused the child's death at age 4.

Lopez argued that the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!