When a medical malpractice claim is filed, plaintiffs often ask whether they can recover punitive damages, or damages intended to punish a defendant for particularly egregious conduct.
In Washington, the answer is clear and well-established: Punitive damages are generally not recoverable in medical malpractice cases.
Understanding why this is the rule is essential for healthcare providers, insurers, malpractice victims, and defense counsel navigating malpractice litigation in Seattle and throughout Washington State.
What Are Punitive Damages?
Punitive damages (sometimes called “exemplary damages”) are awarded not to compensate an injured party, but to punish a defendant and deter similar conduct in the future.
They are typically reserved for cases involving:
- Intentional misconduct,
- Fraud or malice, or
- Willful or wanton disregard for the safety of others.
In many states, punitive damages are available in certain tort cases. Washington, however, takes a markedly different approach.
Washington’s Strong Prohibition on Punitive Damages
Washington law has long rejected punitive damages as a matter of public policy.
The Washington Supreme Court has consistently held that punitive damages are not available unless expressly authorized by a specific statute. In the absence of a statute, courts may not award them. This is true no matter how severe the alleged misconduct may appear.
Importantly for medical malpractice defendants:
- There is no Washington statute authorizing punitive damages in medical malpractice cases, and
- The Medical Malpractice Act allows only compensatory damages, not punitive ones.
This prohibition applies even when plaintiffs allege reckless, grossly negligent, or outrageous conduct.
What Damages Are Available in Washington Medical Malpractice Cases?
Although punitive damages are off the table, plaintiffs may still pursue compensatory damages, which fall into two main categories. These are:
- Economic damages – which include compensation for such things as past and future medical expenses, lost wages and loss of earning capacity, and costs of long-term or future care.
- Non-economic damages – which include compensation for such things as pain and suffering, emotional distress, and loss of enjoyment of life.
Washington does not impose a statutory cap on non-economic damages in medical malpractice cases, which is why damages disputes often focus on valuation rather than punishment.
Common Plaintiff Arguments to Circumvent the Ban
Because punitive damages are unavailable, plaintiffs sometimes attempt to reframe their claims to achieve a similar effect. Common strategies include:
- Inflating non-economic damages by emphasizing emotional narratives,
- Alleging intentional torts alongside negligence claims, and
- Asserting claims under unrelated statutes that do authorize enhanced damages.
Please note that Washington courts are generally skeptical of these efforts and routinely reject attempts to disguise punitive damages as compensatory relief.
For defense counsel, early motion practice and careful jury instructions are critical to preventing improper arguments from influencing damages awards.
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 & 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.