Limitations on Damages in New York City Medical Malpractice Cases – Is there a “Damages Cap”?
One thing that some New York City medical malpractice victims and survivors may not know about medical malpractice cases throughout the country is that in some states, state laws “cap” or limit the amount of money that a medical malpractice victim can receive in their case. These caps have been established under state laws in some states to reduce the payouts that medical malpractice victims and survivors can receive, in an attempt to keep hospitals and doctors from going bankrupt, and, essentially, to lessen any impact of large lawsuit settlements on the state economy. However, state law damage caps in medical malpractice cases can impact the ability of medical malpractice victims and survivors from being “made whole” as medical malpractice laws intend to do. But what about medical malpractice victims and survivors in New York City? Do medical malpractice damages caps apply in New York City medical malpractice cases? We answer that question here.
State Law Damages Caps: New Jersey as an Example
To provide New York City medical malpractice victims and survivors with an example of how medical malpractice damages caps work, we can take a look at the neighboring state of New Jersey. Under New Jersey laws, in medical malpractice cases, there are caps on one category of damages available under some state laws in medical malpractice cases, punitive damages. Punitive damages may be awarded in cases where there was extreme behavior on the part of the defendant. Under New Jersey laws, punitive damages in medical malpractice cases are capped at $350,000, or five times the amount of the compensatory damages, whichever is greater.
Medical Malpractice Damages Caps in New York City Medical Malpractice Cases
The good news is that there are no damages caps on medical malpractice awards in medical malpractice cases in New York City. This means that there is no limitation on the amount of the damages that a New York City medical malpractice victim can obtain in their medical malpractice case (however, they must prove their damages). Accordingly, to determine how much compensation you may be entitled to in your unique New York City medical malpractice case, it is best to speak with an experienced New York City medical malpractice lawyer as soon as possible.
Legal Help with Your New York City Medical Malpractice Lawsuit – New York City Medical Malpractice Lawyer
If you were injured by your doctor or medical team in New York City, it is important to learn about your rights and options under New York City medical malpractice laws. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C., are here to help victims of medical malpractice in New York City get compensation due to them for their injuries and losses. They can help you better understand what type of compensation you might be entitled to and can fight for you in court. Call the law offices of Michael Gunzburg, P.C. today and speak to a lawyer about your case.
Source:
https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf
