Which of the following statements is true about near misses in malpractice cases?

• A. They count toward damages
• B. They do not count toward damages
• C. They count as punitive damages
• D. They are automatically dismissed

Answer: (B)

Damages in malpractice cases are tied to actual harm or financial loss caused by substandard care. A near miss is an event where harm almost occurred but did not actually happen, so there’s no real injury or loss to compensate. Because there’s no actual damage, near misses don’t generate damages for an award. They can still be relevant for showing lapses in safety or standard-of-care considerations and may prompt safety reforms or liability arguments, but they don’t by themselves create compensable damages. Punitive damages are a separate matter and require proof of egregious conduct; a near miss alone isn’t automatically punitive.