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Medical Malpractice Damages FAQs

Medical Malpractice Damages

Can I still recover damages if I signed a consent form?

Yes. A consent form does not relieve the liability of a negligent medical professional who causes harm to a patient. If you can show that the doctor, nurse, etc. deviated from the standard of care expected among medical professionals, and you were injured as a result, you may still be able to recover damages.

Does New York limit the amount of compensation a medical malpractice victim can recover?

New York does not have any restriction or “cap” on how much a plaintiff can recover for pain and suffering, lost wages or other medical malpractice damages.

How does a jury determine pain and suffering damages in a New York medical malpractice case?

Generally, the court will consider the severity and nature of the injury, how long the pain is expected to last and the certainty of continued pain.

How can I determine if I am eligible for medical malpractice damages?

Only a skilled New York medical malpractice attorney can determine whether you are owed compensation for your injuries. To speak with a medical malpractice lawyer in New York, fill out our FREE case review form.

Can the courts award punitive damages in a New York medical malpractice lawsuit?

Generally, punitive damages are awarded to punish a defendant for their willful or malicious actions. Only in limited instances, when the defendant’s actions were intentional, can the plaintiff recover punitive damages.

What types of damages are typically awarded in New York medical malpractice lawsuits?

Medical malpractice damages were designed to make a victim “whole again” by providing compensation for financial and non-financial losses incurred as a result of their injury. Common medical malpractice damages include pain and suffering, medical expenses and lost wages.

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