Medical Malpractice Victims in New York May Benefit from No Cap on Pain and Suffering Damages

Recently, the second largest medical malpractice payout was awarded in the state of New York. The family of a newborn who suffered severe brain damage during labor and delivery received a $130 million settlement.

The child, delivered at St. Charles Hospital in 2002, is now living with cerebral palsy. The claimant claimed that an obstetric nurse’s failure to monitor the baby and mother caused the birth injury. As a result, the medical team did not detect signs of fetal distress. Therefore, appropriate measures to deal with the medical situation weren’t taken and the baby suffered irreversible brain damage.

This case is one example in which New York’s lax medical malpractice laws pertaining to damages can significantly help those who have been victimized. The exceptional costs for medical care and treatment, along with other losses suffered by such a severe birth injury can at least be adequately addressed in a large settlement.

New York’s Medical Malpractice Laws

Most medical malpractice claims address the actual costs incurred as a result of the healthcare provider’s negligence. That generally includes all of the medical expenses related to the injury. But another form of compensation available is pain and suffering.

Unlike numerous other states that have caps on how much claimants can recover for pain and suffering, New York doesn’t. However, there are limits on legal fees for the winning side. They are 10 percent of any settlement where the award is more than $1.25 million.

The statute of limitations for filing a medical malpractice claim in New York is 2.5 years from the date of the incident causing injury. Make sure you bring your suit on time. Call Gacovino, Lake & Associates at 800-246-4878 to discuss your case and the damages you may recover.

Related Posts