Unlike compensatory damages that provide restitution for victims, punitive damages are designed to punish the offending party and discourage future unlawful behaviour. You can recover punitive damages in a medical malpractice claim if you can provide clear, convincing evidence that the defendant committed oppression, malice, or fraud. This means their actions were despicable and were carried out either intentionally or with a willfully reckless or negligent disregard of your rights or safety. A San Diego medical malpractice lawyer can help you determine if you are eligible for punitive damages.