Punitive damages are sometimes available in medical malpractice cases in usually the most egregious of situations. Careless or reckless behavior is insufficient to recover these damages under state law. Instead, we need to show the liable party acted with an “evil hand and evil mind,” according to state law.
In situations when the jury could award punitive damages, we generally sue the liable party and take the case to trial. Unlike many other states, Arizona does not cap punitive damages.