Another option would be just giving some fraction of punitive damages to the state. When lay people are shocked by judgment amounts, usually its because the ju

Another option would be just giving some fraction of punitive damages to the state. When lay people are shocked by judgment amounts, usually its because the judge was using some sort of damage amount that would actually make the offending institution change its behavior. But you could provide basic damages to make the patient whole plus lawyers fees to the patient, then allow the judge to reserve some portion of punitives for the state, and just label it something like a regulatory fine. People understand that fines can be high, they don't understand when people appear to get a windfall well beyond what might make them whole. (OTOH, maybe if someone goes through having a scalpal left in them, they deserve whatever "windfall" they can get.)