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Are punitive damages awarded in malpractice case?

April 26, 2017Case Damages malpractice punitive

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Are punitive damages awarded in malpractice case?

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No, provided the malpractice involved is negligent rather than intentional. Punitive damages are assessed in order to punish and deter intentional tortious conduct. If the malpractice is negligent in the sense of accidental, there is no just reason to assess punitive damages because the person committing the malpractice did not intend to cause the injury.