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Capelouto v. Kaiser Foundation Hospitals

500 P.2d 880, 103 Cal. Rptr. 856, 7 Cal. 3d 889 (1972)

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Capelouto v. Kaiser Foundation Hospitals

California Supreme Court
500 P.2d 880, 103 Cal. Rptr. 856, 7 Cal. 3d 889 (1972)

Facts

Rachel Capelouto gave birth to her daughter, Kim (plaintiff), at the Kaiser Hospital Sunset facility, part of Kaiser Foundation Hospitals (Kaiser) (defendant). Shortly after discharge, Kim developed a gastrointestinal disorder involving projectile vomiting, severe diarrhea, dehydration, cramps, and shock. Kim required intravenous feeding devices at times, she was hospitalized six times, and her condition became life threatening. Finally, at a year old, Kim was diagnosed with a salmonella infection, and she made a full recovery. Kim sued Kaiser for malpractice. The jury was instructed that Kim was not eligible for pain-and-suffering damages because she could not prove them due to her age. The jury awarded Kim only the amount of her medical damages. Kim appealed.

Rule of Law

Issue

Holding and Reasoning (Tobriner, J.)

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