People in need of medical attention expect to receive professional services. Unfortunately, a small subset of patients may experience medical malpractice instead of receiving appropriate care. Doctors make mistakes while treating patients or do something negligent that results in a poor outcome for the patient.
In those cases, the affected individual or their surviving family members can potentially pursue a medical malpractice lawsuit. They can request compensatory damages for lost wages and medical expenses, as well as other economic losses related to the incident.
It is common practice for plaintiffs to try to maximize the compensation that they seek. In some cases, they may be able to ask the courts to award them punitive damages in addition to compensatory damages. What are the rules for punitive damage claims in Ohio medical malpractice lawsuits?
The incident must meet certain standards
Punitive damages are a form of punishment. Most of the time, the point of litigation is to reimburse people for losses they sustained due to the misconduct or negligence of another party. Punitive damages, which people also call exemplary damages, are different.
They do not have a basis in the consequences experienced by the plaintiff. Instead, the purpose of punitive damages is to punish the defendant. There is a bifurcated legal process involved in civil lawsuits where plaintiffs seek punitive damages. They have to prove that the situation qualifies.
The baseline requirements for punitive damage requests are much higher than the requirements for a simple medical malpractice lawsuit. In addition to establishing that the doctor deviated from best practices or displayed professional negligence, the plaintiffs have to show that the situation meets a special, higher standard. Typically, they need proof of gross negligence or malice.
If the situation meets the high standard necessary for an award of punitive damages, there are still limits that apply. Often, the courts limit punitive damages to twice the amount of compensatory damages awarded.
However, there is a $350,000 limit that applies per plaintiff and a $500,000 limit per incident. Additionally, if the doctor has a small private practice or the medical business qualifies as a small business, the courts may limit punitive damages to 10% of the company’s net worth. The same rule applies if the plaintiff brings a lawsuit against the specific medical professional, not their employer.
Reviewing the circumstances leading to a medical malpractice lawsuit with a skilled legal team can help plaintiffs determine whether punitive damages might be an option. Those who believe that malicious intentions are gross negligence contributed to a situation may be able to seek exemplary damages in addition to compensatory damages.