fbpx

WeSueThem in federal, state, and local courts, protecting YOU every step of the way.

→ Got Debt Collection Letters?

⬆️ Snap Picture & Upload

✅ Free & Confidential

✅ Attorney review

LAW | CONSUMER RIGHTS | PRODUCT LIABILITY | EMPLOYMENT RIGHTS | PERSONAL INJURY

WeSueThem Blog

4-8 MINUTE READ

Punitive damages in medical malpractice case

4 MINUTE READ


WeSueThem.com

Gomez v Cabatic, 2018 NY Slip Op 00278 (2d Dept. 2018)

“On consideration of the above authority, we now hold that where, as here, a plaintiff recovers compensatory damages for a medical professional’s malpractice, a plaintiff may also recover punitive damages for that medical professional’s act of altering or destroying medical records in an effort to evade potential medical malpractice liability. Allowing an award of punitive damages for a medical professional’s act of altering or destroying medical records in an effort to evade potential medical malpractice liability will serve to deter medical professionals from engaging in such wrongful conduct, punish medical professionals who engage in such conduct, and express public condemnation of such conduct. Thus, the Supreme Court did not err in submitting the issue of punitive damages to the jury.”

Good public policy.

ARTICLE

WeSueThem.com