One important practical point: Punitive damages may not be a covered benefit in some professional liability insurance policies (for example, Medical Insurance Exchange of California), which means the practitioner’s personal assets may then be at risk.
Dr. Tan is an emeritus professor at the University of Hawaii, Honolulu. This article is meant to be educational and does not constitute medical, ethical, or legal advice. It is adapted from the author’s book, "Medical Malpractice: Understanding the Law, Managing the Risk." For additional information, readers may contact the author at siang@hawaii.edu.