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Damages in New York Medical Malpractice Cases

moneyIf you or a loved one has been injured due to a medical professional’s error in judgment, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have the experience and determination that is needed to handle your case. You can rest assured that we can scrutinize the facts of your case and inform you of your legal rights and options.

In New York, medical malpractice is negligence on the part of a doctor or another health care provider. Negligence is defined as a failure of the doctor or health care provider to use reasonable care under the circumstances, thereby causing injuries or death to a patient. In other words, medical malpractice occurs when a medical professional causes harm by deviating from the accepted standard of care expected in that particular situation. The standard of care will vary from case to case depending on a number of factors, such as the patient’s age and medical history.

Damages in a medical malpractice case are designed to make a victim “whole again” by providing compensation for losses. In a New York medical malpractice case, the plaintiff is typically eligible for two types of compensation:  economic and non-economic. Economic damages are awarded to compensate the injured patient for losses resulting from the defendant’s negligence. Economic damages typically include things like medical expenses, lost wages, loss of earning capacity, and rehabilitation costs. Non-economic damages, on the other hand, compensate an injured patient for losses that are intangible or harder to quantify through a dollar amount, such as pain and suffering.

It is important to note that most states have legislative caps or limits on the amount of non-economic damages that can be awarded through a medical malpractice claim. In New York, there are no such caps. In this way, New York is considered a “pro plaintiff” state.

In some cases, medical malpractice leads to the death of a patient. New York law allows lawsuits for damages that occur as a result of a “wrongful death.” While survivors may not pursue damages for grief, they can seek economic damages. For example, a surviving spouse may be able to seek lost wages upon the death of his or her spouse.

In very rare cases, a court may award a victim of medical malpractice punitive damages. Generally, punitive damages are awarded to punish a defendant for willful or malicious actions. As a result, the injured patient would have to show that the defendant’s actions were intentional in order to recover this type of damages.

If you or someone close to you has suffered harm due to a medical professional’s negligence, you need to reach out to a seasoned Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many New York clients recover the compensation they deserved in their cases, and we can help you as well. To schedule a consultation with one of our experienced attorneys, call us at 315-479-9000 or contact us online.

More Blog Posts:

Report Shows History of Medical Malpractice at Syracuse VA Medical Center, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, September 5, 2017

Appeals Court Expounds on Expert Net Opinion Rule in Medical Malpractice Decision, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, October 9, 2017

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