Although the jury agreed punitive damages were warranted and the Second Department upheld the award, (see Dupree v. Turning toward Marsh, the authors state that although claims for punitive damages in New York medical malpractice cases are very rare, “the extreme level of conduct necessary to support such claim is demonstrated by” the conduct of Nurse Wizeman, Dr. As conceded by plaintiff, the trial court correctly charged the jury that punitive damages may only be awarded if defendant’s acts were, “wanton and reckless or malicious. Court, answering questions certified to it by the United States Court of Appeals for the Second Circuit, considered vandalism case in which the plaintiff made claim for punitive damages.
Punitive Damages in NY Medical Malpractice Cases are Available Under More Circumstances Than You Might Think | Ziff Law Firm, LLP
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