Page 29 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

(sometimes referred to as “exemplary damages”). These are on

rare occasion allowed in cases where there has been
egregious conduct on the part of the physician. It takes proof

of something more than simple negligence for a plaintiff to be

permitted to request that the jury award this type of damages.

Egregious conduct that can result in a punitive damages

award is usually based upon an intentional act such as fraud

or concealment. If a physician attempts to conceal a cause of
action (negligence) from the patient through omission or by

making false representations and/or by altering the medical

record, it could be grounds for punitive damages. Moreover, it
is often the case that the defendant’s medical judgment could

have been defended, but because of the fraud or records
alteration, the lawsuit must be settled prior to trial out of fear

that a jury might award punitive damages – it makes a
potentially defensible claim indefensible.

Fraud and concealment can have additional adverse

consequences for the physician as well: they can extend the
statute of limitations indefinitely until the patient discovers his

or her cause of action; they can serve as a basis for denial of

coverage by the physician’s professional liability carrier; they
can result in sanctions by the State Licensure Board, including

suspension or loss of license to practice; and, in states that

have enacted tort reform (Tennessee), which provides a
statutory cap on non-economic damages, they can remove the

protection of the cap.

It is advisable that if you have reason to believe a claim or
lawsuit is going to be asserted, you contact an SVMIC Claims

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