a particular kind, species, variety, class, or group, distinguished by a common character or nature: to develop a new sort of painting; nice people, of course, but not really our sort. 2. character, quality, or nature: young people of a nice sort.
Punitive damages are awarded, then, in egregious cases â not your run-of-the-mill, âoops I was twiddling the radio dial when I hit youâ cases. Punitive damages have been argued and permitted in DUI cases. However, according to the lawyers in the Caskey case, juries have never considered an award of punitive damages in a âTextingâ case. This is what is meant by the phrase âcase of first impression.â The other thing about punitive damages is that they are generally NOT covered by insurance. You buy insurance to protect you if you are ânegligentâ or careless.
You asked what states allow punitive damages in medical malpractice actions, how much is awarded, and under what standards. SUMMARY. Forty-three states, including Connecticut, plus the District of Columbia, allow punitive damages in medical malpractice actions. Five jurisdictions prohibit punitive damages for all civil actions. Two states, Illinois and Oregon, prohibit punitive damages in medical malpractice actions or against specific types of health care providers. Half of the jurisdictions allowing punitive damages do not place any limit on punitive damage awards (Table 1). These jurisdictions include Arizona, Kentucky and Wyoming, which prohibit limitations of any damages awards through their state constitutions.