Damages sought for a negligently performed sterilization might include which of the following?

• A. Expenses related to the negligent performance of the sterilization.
• B. Punitive damages for gross negligence.
• C. Lost wages due to unrelated disability.
• D. Punitive damages for intentional tort.

Answer: (A)

When assessing damages in a negligently performed sterilization, the focus is on losses that flow directly from the mistake. The most straightforward damages are the medical expenses incurred because of the negligent procedure—costs for the procedure, follow-up care, corrective treatments or surgeries if needed, medications, tests, and related out-of-pocket medical costs. These are economic damages tied to the harm caused by the negligence and are typically recoverable.

Punitive damages are not awarded simply for ordinary negligence; they require conduct that is grossly negligent or intentional and are used to punish egregious behavior rather than to compensate for injuries. So they aren’t an automatic part of a standard negligent sterilization claim.

Lost wages due to unrelated disability don’t fit because the loss must be a direct result of the negligent act. If the disability and resulting lost wages are unrelated to the sterilization error, they aren’t recoverable.

Punitive damages for an intentional tort aren’t applicable here because the claim is based on negligence, not intentional wrongdoing; punitive damages are tied to intentional or highly reckless behavior, which isn’t the typical basis for a negligence claim.