punitive damages in medical malpractice cases Archives

Florida Appellate Court Discusses High Bar To Recover Punitive Damages In Wrongful Death Medical Malpractice Cases

March 15, 2023

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 [...]

Kentucky Appellate Court Discusses Punitive Damages In Retained Sponge Medical Malpractice Case

February 6, 2022

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held in its opinion rendered on January 7, 2022 in a medical malpractice case where the plaintiff was awarded a sizeable verdict due to an 18-inch by 18-inch sponge that was left inside of her after surgery, that [...]

Virginia Supreme Court Remands Opioid Medical Malpractice Case For Jury’s Consideration Of Punitive Damages

April 12, 2020

In its opinion filed on April 9, 2020, the Virginia Supreme Court held: “the Circuit Court of Prince William County erred by striking the evidence supporting a claim for punitive damages against a physician who repeatedly prescribed narcotic pain medication to a patient. Under the particular f[...]

Kentucky Supreme Court Affirms Punitive Damages Award In Medical Malpractice Case

May 10, 2016

In its opinion filed on May 5, 2016, the Supreme Court of Kentucky (“Kentucky Supreme Court”) affirmed the $1.45 million punitive damages award against the defendant hospital in a Kentucky medical malpractice case, finding that the hospital’s offensive conduct exhibited a gross in[...]

West Virginia Supreme Court Upholds Punitive Damages Award In Medical Malpractice Case

July 2, 2015

In its wide-ranging opinion filed on June 16, 2015, the Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) upheld and affirmed a West Virginia medical malpractice jury’s verdict in favor of the plaintiff that included an award of punitive damages in the a[...]

Anesthesiologist Who Bad-Mouthed Sedated Patient Held Accountable By Jury Verdict

June 27, 2015

A patient who was scheduled to undergo a colonoscopy decided that he would record the gastroenterologist’s post-procedure instructions so that he would not forget what was told to him. The patient therefore pressed record on his smartphone’s audio recorder. What the patient did not know[...]

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