If you or a loved one find yourself hurt by a medical error, the consequences of that mistake can last for years or longer. For example, an error in the delivery room can leave a child with a birth defect that has a lifelong impact. Compensation can run into hundreds of thousands of dollars or more. Critics of medical malpractice claims argue that these lawsuits drive healthcare costs by forcing doctors and insurance companies to pay excessive amounts. In response, some states have passed laws limiting the compensation available to medical malpractice plaintiffs. Please keep reading as our medical malpractice lawyer discusses damages and caps.
New York Has No Medical Malpractice Cap
Along with just 15 other states, New York has not passed any law that limits a medical malpractice victim’s compensation rights. The lack of any cap is excellent news for those hurt by medical professionals’ negligence because it means that you can recover as much in damages as you can prove.
The damages for which you can recover compensation in a medical malpractice case include both financial losses and physical and emotional damages. For example, you could receive compensation for:
- Medical treatment and ongoing therapeutic services
- Reduction or loss of future income
- Lost pay due to time missed from work
- The experience of physical pain and mental suffering
You and your medical malpractice lawyer can present evidence and seek compensation for various losses connected to your injury.
How You Prove Damages in a New York Medical Malpractice Suit
In any malpractice claim, the legal burden is on you to prove that you suffered losses and list the appropriate amount of damages necessary to compensate you for those losses. You accomplish this by gathering and presenting the following:
Medical Records, Mental Health Records, and Bills from Providers
Your medical records should show any preexisting conditions you had before your injury, the nature of the medical error, and the ongoing treatment you will need. These records should also document any limitations you have as a result of your injury. Finally, a treatment plan indicates your future need for treatment and services.
Testimony from Your Employer
Your employer can inform the court about your previous employment and rate of pay. They will also have records of the time you missed from work. If you have returned to work with your employer in a less demanding capacity, your employer can speak to the differences in job duties and compensation, if any.
Your Testimony and the Testimony of Friends and Family
Finally, your testimony and the testimony of those closest to you can provide evidence of the human impact of your medical injury. You and others can describe your daily life, mood, and state of mind following your medical injury.
When to Seek Help from a New York Medical Malpractice Lawyer
It would be best to speak to a qualified medical malpractice lawyer in New York as quickly as possible once you believe your medical provider has caused your injury. The team at the Law Offices of Kenneth Hiller, PLLC stands ready to help guide you through the legal recovery process.
Reach out to our offices today and request a complimentary case evaluation.