Economic damages are simple enough to calculate as they include easily quantifiable amounts such as lost wages and costs of medical care, in the past, currently, and in the future. While compensatory damages are intended to compensate the victim for harm suffered, punitive damages exist for different purpose. They are available in medical malpractice cases, but only in rare situations. New York case law shows courts awarding punitive damages when doctor has done something so offensive, so deplorable, that having them only pay for compensatory damages would not be an adequate consequence. Courts have referenced circumstances where there was evidence of “a reckless indifference equivalent to willful or intentional misdoing”, or “wanton and reckless disregard of plaintiff’s rights” in cases
Punitive Damages in Medical Malpractice Cases – Scaffidi & Associates
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