Recklessness & 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.

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Quick Facts About Medical Malpractice:

12,000 deaths/year from unnecessary surgery

7,000 deaths/year from medication errors in hospitals

Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

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