Is it worth it to Bring a Claim? Determining Compensation in New York City Medical Malpractice Cases

One major question that is likely on the minds of many New York City medical malpractice victims is just how much compensation they may stand to receive if they bring a medical malpractice lawsuit under New York laws. Fortunately, when a patient is injured by their trusted medical doctors and medical team in New York City, due to their doctor and medical team’s negligent care, they may be entitled to money compensation under New York medical malpractice laws. But how much can a New York City medical malpractice victim expect to receive if they bring a case in court? To help New York City medical malpractice victims better understand just how compensation is determined in New York City medical malpractice cases, we answer that question here.

Types of Compensation in New York City Medical Malpractice Cases – Damages

At the outset, it is important for New York City medical malpractice victims to know that there are three categories of compensation – or “damages”—in a New York City medical malpractice case. Economic damages seek to make a New York City medical malpractice victim whole for their lost wages, medical expenses, and out-of-pocket costs, such as transportation costs and other critical costs to treat the medical malpractice injury. On the other hand, non-economic damages seek to compensate a New York City medical malpractice victim for things like pain and suffering, loss of enjoyment of life, and for a disfigurement or disability caused as a result of the negligent medical treatment. Finally, punitive damages “punish” a negligent doctor or other liable party for their reckless or malicious conduct that resulted in a patient’s injuries. Punitive damages are rarely awarded in New York City medical malpractice cases, but may be awarded in some cases where the medical malpractice is particularly outrageous or egregious.

Factors that Determine New York City Medical Malpractice Compensation

There are many different factors that contribute to the determination of how much a New York City medical malpractice case is worth under New York medical malpractice laws. Those factors include:

• The nature of the injury, including the severity of the injury and its permanence;
• The strength of the evidence in the medical malpractice case;
• The comparative negligence of the patient – if the patient contributed to their own injuries, this will impact the amount of compensation they stand to receive;
• Legal precedents: the “marketplace” of other, similar cases may impact the amount of compensation in the victim’s case;
• The defendant’s insurance policies;
• The jury;
• The judge.

Of course, these factors are not exhaustive, and it is always best to chat with an experienced New York City medical malpractice lawyer about your unique case in order to determine the amount of compensation you may be entitled to in your case.

If you were injured by the negligence of your doctor or medical team in New York City, contact the experienced New York City medical malpractice lawyers at the law office of Michael Gunzburg, P.C. Contact the law office of Michael Gunzburg, P.C. today and speak to an experienced lawyer about your rights and options now.