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The ratio of punitive damages that a person can receive depends on several factors. Within the bounds of the law, the jury determines the appropriate amount. In Pennsylvania, there is a limit of 200% of compensatory damages in medical malpractice claims.
Pennsylvania places limits on the amount of punitive damages awarded in medical negligence lawsuits. Unless the defendant engaged in intentional misconduct, the amount of punitive damages can't be more than double (200%) the amount of compensatory damages.
Punitive Damages Test Some factors to be taken into account include: Whether the conduct was planned and deliberate. The intent and motive of the defendant. Whether the defendant persisted in the outrageous conduct over a lengthy period of time. Whether the defendant concealed or attempted to cover up its misconduct.
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.
There is no set formula for the calculation of punitive damages. The amount of punitive damages that are awarded will depend on the specific facts of the defendant's conduct. The court must ensure that defendants who deserve to be punished for their behavior do not receive punishment that is excessive.
While it is true that punitive damages are not awarded in breach of contract cases, this rule does not restrict a party from bringing alternative claims in tort and contract where warranted by the facts.
The first factor?the reprehensibility of defendant's conduct?is subjective in nature. The other two?defendant's financial condition and the relationship to actual damages?are objective measurements.
Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.