Punitive damages of one million dollars were awarded to the family of a patient who died following a nursing medication error. What is true of these punitive damages?
1. The damages are awarded instead of the nurse serving prison time.
2. The jury believes the nurse's actions were an honest mistake.
3. These damages are awarded to set an example to other nurses.
4. This jury identified this case as representing simple negligence.
3
Rationale: Punitive damages may be awarded if there is malicious, willful, or wanton misconduct, are usually considerable, and are awarded to deter similar conduct in the future. Awarding of punitive damages indicates that the jury absolutely does not think the error was an honest mistake or simple negligence, but rather that it was willful in some manner. Punitive damages do not substitute for prison time.
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