In most cases alleging Maryland nursing home abuse or neglect, if successful, the plaintiff will receive compensation for the injuries sustained by their loved one. This normally includes the costs of medical expenses, and it may also include an amount for the emotional pain and suffering their loved one endured as a result of the abuse or neglect. In some rare cases, punitive damages may also be appropriate.
Most of the various types of damages available to a plaintiff in a Maryland personal injury case are focused on the plaintiff. However, the focus of punitive damages is on the especially egregious behavior of the defendant. Indeed, the purpose of punitive damages is to deter the very kind of behavior the defendant exhibited that led to the case being filed.
Punitive damages in Maryland are rare and require a showing of actual malice. This means that a plaintiff must show that the defendant possessed some kind of ill-will or spite. Thus, punitive damages are usually only appropriate when the defendant is found to have engaged in intentional wrongdoing, rather than merely negligent conduct. A recent case is an example of a situation in which punitive damages were found to be appropriate by a court.