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Punitive or Exemplary Damages form Medical Malpractices.

Posted on:12/21/2005
Website: http://www.napil.com
Generally, punitive damages are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.


Punitive damages are awarded only in special cases where conduct was egregiously invidious, and are over and above the amount of compensatory damages. Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution.


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