Why Trust This Analysis
This article is part of our ongoing damages coverage, with 8 published articles analyzing damages issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
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)
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“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.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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