Q: What are damages caps on a medical malpractice claim?

A medical malpractice damages cap puts a restriction on the amount of compensation that can be received when an individual has been the victim of doctor or hospital negligence. When you have suffered serious injuries as a result of some form of medical negligence, you could be entitled to compensation through a New York medical malpractice claim.

Compensation for medical expenses and lost income is common in a medical malpractice claim. Determining this amount is pretty straightforward. All that is usually required in a successful case are medical bills and statements, along with pay stubs.

However the victim of medical negligence may also be entitled to non-economic losses that don’t have a set value attached to them:

  • wrongful death;
  • pain and suffering;
  • mental anguish; and
  • reduced quality of life.

Many states put a medical malpractice damages cap on non-economic losses. These can vary from one state to another and may even change with new legislation. However in New York, no such caps are in place.

Efforts have been made by New York Governor Andrew M. Cuomo to change this by putting the cap for non-economic losses at $250,000, in an effort to help curb healthcare costs. However $250,000 may not sufficiently cover the losses incurred in some situations. Many believe that the only ones who really win are the insurance companies.

Filing a New York medical malpractice claim is not easy. There are several factors that must be in place, before a claimant can pursue compensation. It is these strict factors that help prevent frivolous lawsuits from being filed. If you would like to speak to an attorney about your case, then you should consult with one as soon as possible.

Contacting a New York Medical Malpractice Attorney

When you have sustained a serious injury or lost a loved one because of medical malpractice, you are entitled to seek compensation for your damages and suffering. Consulting with a medical malpractice attorney can help you better understand your rights, determine liability for your injuries, and decide if filing a New York medical malpractice claim is right for you.

At Gacovino Lake & Associates we have formed a dedicated network of medical malpractice attorneys that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability, and Workers’ Compensation claims. For experienced help with your New York medical malpractice claim, contact us today – 1-800-246-4878.

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