Key Takeaway
New York court allows punitive damages in medical malpractice cases when doctors alter or destroy records to evade liability, serving deterrence and public policy.
Medical malpractice cases typically focus on compensatory damages—financial recovery for medical expenses, lost wages, pain and suffering, and other direct losses from a healthcare provider’s negligence. However, a significant 2018 decision from New York’s Appellate Division, Second Department, expanded the potential for punitive damages in certain medical malpractice scenarios.
Punitive damages serve a different purpose than compensatory damages. While compensatory damages aim to make the injured party whole, punitive damages are designed to punish particularly egregious conduct and deter similar behavior by others. In most medical malpractice cases, New York courts have been reluctant to award punitive damages, viewing medical errors as negligence rather than conduct deserving of punishment.
The Gomez v Cabatic decision represents a notable shift in this approach, specifically addressing situations where healthcare providers attempt to cover up their malpractice by tampering with medical records. This type of conduct goes beyond mere negligence—it represents a deliberate attempt to obstruct justice and evade accountability.
Jason Tenenbaum’s Analysis:
Gomez v Cabatic, 2018 NY Slip Op 00278 (2d Dept. 2018)
“On consideration of the above authority, we now hold that where, as here, a plaintiff recovers compensatory damages for a medical professional’s malpractice, a plaintiff may also recover punitive damages for that medical professional’s act of altering or destroying medical records in an effort to evade potential medical malpractice liability. Allowing an award of punitive damages for a medical professional’s act of altering or destroying medical records in an effort to evade potential medical malpractice liability will serve to deter medical professionals from engaging in such wrongful conduct, punish medical professionals who engage in such conduct, and express public condemnation of such conduct. Thus, the Supreme Court did not err in submitting the issue of punitive damages to the jury.”
Good public policy.
Key Takeaway
This ruling establishes that medical professionals who alter or destroy records to hide malpractice can face punitive damages beyond standard compensatory awards. The decision strengthens accountability in healthcare by creating financial consequences for cover-up attempts, ultimately protecting patients’ rights and the integrity of medical records essential for proving damages in malpractice cases.
The Gomez decision fills an important gap in medical malpractice law by addressing conduct that undermines the entire legal process. When healthcare providers tamper with medical records, they not only harm individual patients but also threaten the broader system of medical accountability. By allowing punitive damages in these circumstances, courts can ensure that the financial consequences match the severity of attempting to obstruct justice, even when expert witness testimony about damages might not be required in certain cases.
