By filing a medical malpractice claim, the victims of medical negligence can receive compensation for the damages they have suffered as a result of their injuries. Through a claim, it may be possible to receive coverage for all of the medical bills and other expenses that negligence has caused. Unfortunately, this is not always the case. Medical malpractice claims do not always result in complete coverage of expenses, and in some states, caps are placed on the amount of compensation that medical malpractice victims can recover. These caps place a strict limit on the money that an injury victim can receive by filing a claim.
Types of Medical Malpractice Damage Caps
While many different states have medical malpractice damage caps in place, the terms of the damage caps are not universal. Some states only place caps on non-economic damages. In these states, claimants may only be able to receive a certain amount of compensation for damages such as pain and suffering. Or, medical malpractice claimants may be completely barred from receiving compensation for non-economic damages. Other states place caps on both financial and non-economic damages, while others place a cap on the total amount of compensation that medical malpractice victims can receive. Each state has their own unique terms for how medical malpractice damages are capped and the amount of compensation that plaintiffs can recover.
Does New York Have Damage Caps on Medical Malpractice Cases?
New York does not have medical malpractice damage caps in place. Therefore, there is not a limit on the amount of compensation that medical malpractice victims in New York can receive by filing a claim — it is possible for claimants to get coverage for all of their damages. This is important because it allows people who have been harmed by negligence to truly receive justice for the damages they have suffered. By not placing caps on medical malpractice damages, the state of New York helps injury victims receive the proper resources.
At Law Offices of David A. Kates, PLLC, our attorney is available to answer your questions and guide you through your medical malpractice claim. We are dedicated to helping you get the care you need. We will fight to recover compensation for all of the damages you have suffered because of medical negligence.
Call (718) 866-3664 or send us a message for a free consultation with our lawyer.