Exemplary damages in nursing home abuse and neglect cases (punitive damages) are above and beyond damages allocated based on fraud, malice, or, in wrongful death cases, gross neglect. Exemplary damages are intended to punish egregious conduct and to serve as a deterrent against future misconduct.
Malice exists if there is a specific intent by the defendant to cause substantial injury to the plaintiff. In nursing home exemplary damages claims, the scope includes acts or omissions which involve an extreme degree of risk, considering the probability and magnitude of the potential for harm, and the defendant has actual awareness of the risk, yet proceeds with conscious indifference to the rights, safety, or welfare of others. In wrongful death cases, gross neglect is defined in the same manner.
Egregious conduct, such as providing professional services while impaired, mistreating the elderly in nursing homes, and administering the wrong medication or medical treatment while acknowledging that the course of action is not acceptable or reasonable, is the basis for claims seeking exemplary damages.
Our nursing home abuse attorneys are experienced professionals who specialize in nursing home neglect cases. If you believe a loved one has been victimized, we encourage you to consult with a lawyer who specializes in nursing home abuse and neglect to determine whether your case is appropriate for exemplary damages.
