Punitive Damages in a medical malpractice lawsuit are rare. Especially, in cases of wrongful death, punitive damages a highly desirable for the family members, but very difficult to obtain unless the negligent doctor acted in such a way as to bring upon himself criminal charges.
What Are Punitive Damages?
Punitive damages are awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish and thereby deter blameworthy conduct, and are generally not recoverable for breach of contract. The Supreme Court has held that three guidelines help determine whether a punitive damages award violates constitutional due process:
- The reprehensibility of the conduct being punished;
- The reasonability of the relationship between the harm and the award;
- And the difference between the award and the civil penalties authorized in comparable cases.
Punitive damages are awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit.
For more information about medical malpractice lawsuits, and how to obtain punitive damages, talk to a lawyer specializing in medical malpractice lawsuits.
