Long Island Medical Malpractice
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Recklessness & Punitive Damages

Long Island Medical Malpractice Resource Center

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:

  1. The reprehensibility of the conduct being punished;
  2. The reasonability of the relationship between the harm and the award;
  3. 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.

 

Frequently Asked Questions

About Punitive Malpractice Damages & Recklessness

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Did You Know ?

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by State.

 

 

 


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