CAPELOUTO v. KAISER FOUNDATION HOSPITALS

Docket No. L.A. 29972.

7 Cal.3d 889 (1972)

500 P.2d 880

103 Cal. Rptr. 856

KIM CAPELOUTO, a Minor, etc., et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HOSPITALS et al., Defendants and Respondents.

Supreme Court of California. In Bank.

September 11, 1972.


Attorney(s) appearing for the Case

COUNSEL

Shulman & Shulman and Adley M. Shulman for Plaintiffs and Appellants.

Robert E. Cartwright, Edward I. Pollock, Theodore A. Horn, Marvin E. Lewis, William H. Lally, Joseph W. Cotchett, Leonard Sacks, Irving H. Green, Elmer Low, Robert P. Fry, Samuel Shore, Daniel Fogel and George R. Royce as Amici Curiae on behalf of Plaintiffs and Appellants.

Thelen, Marrin, Johnson & Bridges, James M. Radnich and Henry W. Holmes, Jr., for Defendants and Appellants.


OPINION

TOBRINER, J.

In this case we consider the right of an infant to recover damages for the pain and suffering incidental to an illness contracted as a result of medical malpractice. As we explain below, an infant may recover damages for pain and suffering on the same basis as an adult. Indeed, lay testimony, as well as expert testimony, may support such an award. Moreover, in certain...

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