How are medical injury damages calculated in New York?

Many states have enacted laws imposing limitations or “caps” on monetary damages that an individual may recover in malpractice suits.  New York is a pro-plaintiff state since it does not have any restrictions on the amount of money that can be awarded to the victim.

The different types of damages they can seek are compensatory and punitive.  Compensatory damages are intended to compensate the plaintiff for the actual injury and harm they suffered which may include:

• Medical and hospital bills
• Lost wages and loss of future income
• Rehabilitation expenses
• Physical, mental and emotional pain and suffering
• Disfigurement and/or disability
• Loss of enjoyment of life
• Loss of consortium (the injured spouse is unable to have normal marital relations with their partner)

Punitive damages are awarded if the evidence shows that the medical professional acted willfully or maliciously to cause harm to a patient.  These damages serve to punish the healthcare provider for their wrongdoing, in an effort to prevent similar misconduct in the future.

If you or someone you love is suffering as a result of poor medical care, an experienced medical malpractice lawyer will be able to help you obtain compensation for your injuries.

Talk to a Medical Malpractice Attorney for a case review, and get legal advice regarding your options under medical malpractice laws.