New York Remains Free of Medical Malpractice Damage Caps
When it comes to receiving compensation in medical malpractice cases, not all states are created equal. In recent years, many states have established upper limits on the damages that plaintiffs can receive in malpractice suits. These caps typically apply to “non-economic” damages that cannot be directly quantified such as pain and suffering and mental anguish.
Damage caps are designed to keep healthcare costs low and minimize frivolous lawsuits, but they can have unfortunate consequences on patients who need financial compensation for their injuries as well. Damage caps can be particularly detrimental to young patients who need money to support themselves for many years in the future. In some states, such as Missouri, damage caps have also been challenged by state judiciaries on the grounds that they are unconstitutional.
If you’ve been injured as a result of a physician’s negligence, you need to have a clear understanding of the limits your state places on the damages you can receive. Fortunately, New York is one of only 15 states that don’t have a cap on medical malpractice damages. Furthermore, courts in New York can increase awards in cases where a jury’s decision does not adequately compensate a patient for their injuries. Bear in mind that this works both ways, however. Courts can also reduce awards if they feel a patient has been overcompensated by the jury’s decision.
Because of its lack of a damage cap, New York is widely regarded as a “pro-plaintiff” state. As a patient, you shouldn’t be afraid to seek the compensation you deserve in a malpractice case. At Ask 4 Sam, our experienced malpractice attorneys can work with you to ensure you receive that compensation. Contact us to receive your free case evaluation today.