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Do damage caps apply in New York medical malpractice claims?

On Behalf of | Aug 23, 2023 | Medical Malpractice

Medical malpractice can lead to devastating consequences on your physical well-being, emotional health and financial stability. Whether it’s a misdiagnosis, surgical error, medication mistakes or any other form of medical negligence, the reverberations can be life-changing.

Understanding your legal rights and options as a medical malpractice victim is crucial when pursuing justice and recovering damages. Below is what you need to know about damage caps and if they will apply to your claim.

What are damage caps?

Damage caps legally limit the compensation awarded in certain types of personal injury lawsuits, such as medical malpractice cases. These caps restrict the amount you can recover with your claim, regardless of the actual harm suffered.

New York does not have a specific statute that imposes a cap on recoverable compensation for such claims, including those arising from medical malpractice. There is no limit on the compensation you can recover for economic, non-economic and punitive damages. As such, juries are free to award any amount they feel is appropriate in light of the harm or losses suffered by the victim.

Maximizing your potential compensation

Given that damage caps do not apply in New York medical malpractice claims, you have the potential to maximize your compensation. It means presenting a solid case backed by strong evidence that demonstrates the extent of your injuries, the negligence of the healthcare provider and the impact their actions have had on your life.

It also helps to make an informed decision when offered an out-of-court settlement. Remember, you can always seek legal recourse if there are disputes over compensation or other issues with your claim as long as you are within the stipulated deadline.

Seeking qualified legal guidance can help you navigate these and other complexities of a medical malpractice claim and protect your interests.