medication errors error new york ny

Individuals put their lives in the hands of healthcare providers when they need help. However, medical professionals may act negligently in providing competent care which could result in devastating and life-altering injuries. If you have been injured due to medical malpractice, contact an experienced Westchester County Medical Malpractice Attorneys who can help you recover economic and non-economic damages. We are ready to fight on your behalf today. 

Does New York have recovery caps for victims of medical malpractice?

Several states enforce strict recovery caps that limit the amount a victim can be awarded in a medical malpractice claim. However, this cap only applies to non-economic damages. In New York, victims of medical malpractice are not faced with recovery caps on non-economic damages. New York does not cap the amount an injured individual can recover for medical malpractice claims. However, to be awarded monetary damages, an individual must satisfy the burden of proof.

What is the difference between economic and non-economic damages?

If an injured individual satisfies the burden of proof, they will be awarded monetary damages for their economic and non-economic damages.

Economic damages

Victims may recover economic damages for any out-of-pocket expenses they’ve incurred due to another person’s negligence. Economic damages are objective and have a monetary value. Economic damages may include:

  • Past and future medical bills
  • Medical treatments
  • Prescription fees
  • Lost wages
  • Lost earning capacity
  • Vocational rehabilitation costs
  • Physical therapy costs
  • Household services

Non-economic damages

Additionally, victims may recover non-economic damages for subjective losses. Non-economic damages cannot be quantified. Non-economic damages may include:

  • Pain and suffering
  • Emotional distress
  • Humiliation
  • Disfigurement
  • Inconvenience
  • Mental anguish
  • Loss of enjoyment of life
  • Loss of society and companionship
  • Loss of consortium

Are victims of medical malpractice required to fulfill the burden of proof?

As mentioned above, to recover reasonable financial compensation for medical malpractice, victims must fulfill the burden of proof. To do so victims must:

  1. Prove there was a doctor-patient relationship
  2. Prove their doctor owed them a standard duty of care
  3. Prove their doctor violated that standard duty of care
  4. Prove their doctor’s violation of the standard duty of care caused their patient harm
  5. Prove their doctor’s violation of the standard duty of care caused significant damages

Ultimately, victims must prove that a medical professional acted unreasonably. They must prove that an otherwise reasonable medical professional would not have violated the standard duty of care. Victims are required to prove their injuries were directly caused by a preventable medical error. In New York, under the statute of limitations, victims of medical malpractice have 2.5 years to file a claim against a negligent party. If they fail to file a claim within this period, they will be barred from ever doing so.

If you or someone you love has been injured by medical negligence, reach out to one of our adept attorneys. Our firm can ensure you file a claim within the right timeframe to ensure you do not miss your opportunity of recovering damages.