Punitive damages in medical malpractice are typically available in which situation?

• A. In cases involving egregious conduct and fraud
• B. In all medical malpractice cases
• C. Only when medical costs are awarded
• D. They are never available

Answer: (A)

Punitive damages are meant to punish truly egregious wrongdoing and deter similar conduct, not to compensate the victim. In medical malpractice, they’re typically available only when the physician’s conduct shows extreme recklessness or intent to harm, such as fraud, gross negligence, or a conscious disregard for patient safety. Ordinary negligence or medical mistakes that don’t meet that high bar aren’t enough to justify punitive damages, which is why they aren’t awarded in every malpractice case. They’re also separate from medical costs, which are part of compensatory damages. So the option describing egregious conduct or fraud best fits how punitive damages are applied.