What are punitive damages?

Punitive damages involve money given to punish the defendant for really bad behavior. This is different from regular damages awarded to an injured person to compensate them for their injuries or loss.  Most medical malpractice cases don’t involve punitive damages because most malpractice cases are usually just about negligent mistakes, not intentional misconduct or really bad behavior.

In Georgia, the law says that “Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” O.C.G.A. section 51-12-5.1. “Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.” O.C.G.A. section 51-12-5.