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Punitive Damages in Medical Malpractice Actions: Burden of Proof and Standards for Awards in the 50 States (CRS Report for Congress)

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Release Date Jan. 18, 2006
Report Number RL31721
Report Type Report
Authors Henry Cohen, American Law Division; and Tara Alexandria Rainson, Knowledge Services Group
Source Agency Congressional Research Service
Summary:

This report consists of a chart setting forth the burden of proof and standards for awards of punitive damages in medical malpractice suits in the fifty states. Most of the provisions listed in the chart apply to punitive damages not only in medical malpractice cases, but in other tort cases as well. Where punitive damages prohibited appears, the prohibition may be limited to medical malpractice cases, or it may apply to other tort cases as well.