Appellate Court Discusses High Bar To Recover Punitive Damages: The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) stated in its January 25, 2023 opinion regarding the wrongful death medical malpractice plaintiff’s request for punitive damages: “First, the proffered evidence at the hearing failed to show that the health care providers involved were grossly negligent. Second, neither the complaint nor the proffered evidence demonstrated how appellants’ actions before or during decedent’s treatment ratified or approved the health care providers’ alleged negligent conduct. § 768.72(3)(b), Fla. Stat. (2019).”
Section 768.72(1), Florida Statutes (2019), provides that “no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” Subsection (2) adds that “[a] defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds the defendant was personally guilty of intentional misconduct or gross negligence.” §768.72(2), Fla. Stat. (2019).”
Subsections (3)(a)–(c) provide three independent grounds to impose punitive damages against an employer, principal, corporation, or other legal entity. Subsection (b) permits those damages where the “officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such
conduct[.]”
The Florida Appellate Court stated: “This case concerns the latter, defined in the statute as conduct “so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons
exposed to such conduct” … Appellee did not proffer any evidence to demonstrate that the health care providers’ conduct amounted to “gross negligence” under section 768.72(2) as opposed to ordinary negligence … Appellee’s proffered evidence provided no reasonable basis for recovery of punitive damages, which are reserved “to ‘express society’s collective outrage.’”
“Even assuming appellee’s proffered evidence demonstrated gross negligence by the health care providers, which it did not, the trial court further erred in finding that a jury could reasonably conclude that appellants ratified or condoned that negligence to subject it to punitive damages … the trial court relied exclusively on conduct that post-dated the health care providers’ actions and the decedent’s treatment and death. However, actions taken after the happening of a tortious act are not admissible on the issue of punitive damages, nor can those subsequent actions form the basis for bringing such a damage claim.”
“[P]unitive damages are awarded to punish wrongdoers and to deter them from committing similar bad acts in the future … we reverse the order under review and remand for further proceedings consistent with this opinion.”
Source Cleveland Clinic Florida Health System Nonprofit Corporation v. Estate of Saverio Sasso, No. 4D22-1398.
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