Punitive damages, sometimes referred to as “exemplary damages,” are a unique form of compensation awarded in some Washington medical malpractice cases. They are a distinct form of compensation from compensatory damages, which are meant to pay a victim’s actual losses (for example, medical expenses and pain and suffering). Please contact a skilled malpractice attorney now to learn about all the types of payment you may be able to receive if you suffered an injury from a healthcare provider’s negligence.
What Are Punitive Damages?
Punitive damages are monetary awards granted by the court when the defendant’s behavior is found to be particularly egregious. This means that the defendant’s conduct must have been more than just negligent. It must have been willful, malicious, or demonstrated a reckless disregard for the safety and well-being of the patient.
Punitive damages are intended to serve as a strong message that the above conduct will not be tolerated. Therefore, they are meant to punish the wrongdoer, as opposed to benefit the malpractice victim.
The Role of Punitive Damages in Medical Malpractice Cases
Medical malpractice cases typically involve claims of negligence. To win a malpractice case, the plaintiff must prove that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the patient’s injuries. While negligence alone can result in compensatory damages, punitive damages require proof of something more severe.
For punitive damages to be awarded in a medical malpractice case, the plaintiff must show that the healthcare provider’s actions were not merely negligent, but grossly negligent or intentional.
Examples might include:
- A surgeon performing an operation while intoxicated, or
- A healthcare provider intentionally administering harmful treatment without consent.
Please note that these are extreme cases, and as such, punitive damages are rarely awarded in medical malpractice lawsuits.
Legal Standards for Punitive Damages
The standard for awarding punitive damages in medical malpractice cases varies from state to state. Some states have specific statutes that define when punitive damages can be sought, often requiring clear and convincing evidence of gross misconduct.
Additionally, many states impose caps on the amount of punitive damages that can be awarded, limiting their financial impact. Washington, however, places no caps on the amount of damages you can receive in a malpractice action.
Real-World Examples
Although punitive damages in medical malpractice cases are rare, there have been instances where they have been awarded. For example, in a case where a doctor intentionally altered medical records to cover up a mistake that led to a patient’s death, a jury might award punitive damages as a means of punishing the doctor’s deceitful conduct. However, again, such cases are exceptions rather than the norm.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.