Punitive Damages in an Anne Arundel Medical Malpractice Case
Punitive damages in an Anne Arundel medical malpractice case are types of damages that are used to punish the person who has committed the malpractice. In order to do that, the defendant has to be malicious and must have purposefully committed medical malpractice to harm the plaintiff.
If you are a victim of medical malpractice, consider consulting with a dedicated medical malpractice attorney. A lawyer could examine your case for all potential damages and fight for fair compensation on your behalf.
When Do Punitive Damages Apply?
A person can receive punitive damages in Anne Arundel in circumstances in which the medical provider or facility was grossly negligent and malicious in their care. It is not common for a jury to award punitive damages in Anne Arundel County. The bar is very high, and the plaintiff has to prove that the defendant committed medical malpractice on purpose. Such an intent is difficult to prove.
Factors Which Influence the Awarding of Punitive Damages
The awarding of punitive damages may be influenced by the behavior of the medical provider. If the behavior was so egregious that it shocks the conscience, that may influence the jury to award punitive damages. For instance, there are people who pretend to be doctors. They intentionally call themselves doctors and try to care for people, and this kind of fraud might be considered egregious behavior that would allow punitive damages to be considered by a jury.
Calculating Punitive Damages
Punitive damages are not calculated in a similar fashion as other damages. Punitive damages involve an amount that is used to punish the person for their behaviors. For example, the jury may decide that a sufficient amount to punish an egregiously negligent medical care provider is $3 million.
Sometimes people use economic and non-economic damages as a basis for establishing an amount for punitive damages. For example, there are some states that have statutes that say punitive damages are triple the total amount of other damages, but there is no such statute in Anne Arundel.
How a Lawyer Approaches Medical Malpractice
A medical malpractice attorney handles a punitive damages case in a different way when trying to find out the intent of the medical provider. They could pursue the medical provider by conducting an investigation into the medical provider’s background. They could also take the medical provider’s deposition to see if there is any way that they can prove that their behavior would shock the conscience. In other words, the attorney could be slightly more focused on the individual medical care provider rather than just the actual act of malpractice.
Ask an Anne Arundel Attorney About Punitive Damages
If you suffered due to the misconduct of your healthcare provider, you may have a valid medical malpractice case. Punitive damages in an Anne Arundel medical malpractice case may even be awarded if your provider’s conduct was particularly outrageous. Seek the services of a compassionate personal injury lawyer to discuss your situation and begin working towards a just resolution.
