Some Kentucky chemotherapy overdose lawsuits may result in a punitive damage award, but other cases will not. We explain the circumstances that could lead to an award for punitive damages.
Here’s Who Is Likely to Get Punitive Damages in a Kentucky Chemotherapy Overdose Case
In Kentucky, punitive damages are possible if the chemo overdose happened because of:
- Malice. If someone intentionally provided the wrong dose of chemotherapy to inflict pain or injury on you, then you may have a punitive damage claim.
- Gross indifference to or reckless disregard for the plaintiff’s health. This goes beyond ordinary negligence. If you can establish gross indifference or reckless disregard, then you may have a punitive damage claim.
Even if you don’t have a punitive damage claim, however, you may still recover damages in a chemo overdose lawsuit.
Other Types of Damages in Chemo Overdose Cases
Whether or not or you can recover punitive damages, you may recover the following compensatory damages if you can prove that you were hurt by someone else’s failure to exercise reasonable care in providing your chemotherapy. Your damages may include:
- Medical costs including hospitalizations, surgeries, doctors’ visits, medications, and other healthcare costs
- Lost income, including wages, benefits, raises, bonuses, and income from self-employment
- Pain and suffering for the physical pain and emotional suffering caused by the overdose
- Out-of-pocket costs for any expenses you incurred
Punitive damages may be awarded above and beyond your compensatory damage recovery. Before you can recover any damages, however, you will have to prove that the damages were caused by the chemo overdose and not by the cancer that was being treated, another medical condition, or chemo side effects from appropriate doses of medication.
Protect Your Recovery By Contacting Our Chemo Overdose Lawyer Today
Talk to an experienced chemo overdose lawyer today about all of your compensatory damages and possible punitive damages. Our attorneys will make sure that you take all of the necessary steps to protect your claim and get the full and fair recovery you deserve. Call us or start a live chat with us any time—24/7/365—to learn more about your rights and potential recovery in a Kentucky chemotherapy overdose case.