ARE PUNITIVE DAMAGES AWARDED IN OHIO MEDICAL MALPRACTICE CLAIMS?
Punitive damages are awarded to punish a doctor or hospital for misconduct, such as altering medical records to escape liability. Punitive damages differ from economic and non-economic damages that are awarded for pain and suffering, lost wages, medical expenses, etc.
As Cleveland malpractice attorney Christopher Mellino states in this video, plaintiffs may win punitive damages in Ohio, but first, the patient must show that the doctor’s conduct was malicious or that it demonstrated indifference toward the rights and safety of others.
Early in his career, Chris and his former partner took a punitive damages case all the way to Ohio’s Supreme Court. Moskovitz v. Mt. Sinai paved the way for future victims to pursue punitive damages when a doctor’s actions exhibit “a total disregard for the law and the rights of [the victim and his/her] family,” as the Court determined in this case.