Punitive Damages in Medical Malpractice Actions: Burden of Proof and Standards for Awards in Fifty States

Publication Date: January 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

This report consists of a chart setting forth the burden of proof and standards for awards of punitive damages in medical malpractice suits in the fifty states. The burden of proof refers to the plaintiff's duty to present evidence to prove his case. The lowest burden, which usually applies in civil cases, is “preponderance of the evidence.” To recover punitive damages, however, a majority of states, as this report indicates, impose a higher burden of proof – proof by “clear and convincing evidence.” Finally, for punitive damages, Colorado requires proof “beyond a reasonable doubt,” which is the highest standard – usually the burden that the government must meet in criminal prosecutions.