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Recklessness & Punitive Damages


Punitive damages are awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. They are intended to punish and thereby deter blameworthy conduct, and are generally not recoverable for breach of contract. The Supreme Court has held that three guidelines help determine whether a punitive damages award violates constitutional due process:

  1. The reprehensibility of the conduct being punished;
  2. The reasonability of the relationship between the harm and the award;
  3. And the difference between the award and the civil penalties authorized in comparable cases.

Punitive damages are awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit.

Contact our Minnesota medical malpractice lawyers to help represent your medical malpractice case today

Site Map | MinnesotaMedicalMalpractice.com is designed for general malpractice information only. The information presented on this web site should not be formal legal advice nor the formation of a lawyer/client relationship. Our trial attorneys handle Minnesota and Wisconsin medical malpractice cases such as: doctor misdiagnosis, surgical errors, cancer misdiagnosis, implant injuries, birth trauma, prescription mistakes, hospital negligence, nursing neglect and other personal injury law related issues.

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