What damages can I recover in a medical malpractice claim?

New York allows medical malpractice victims to recover compensation for:

Economic damages:

  • Past and future medical expenses, including surgery, hospitalization, rehabilitation, and ongoing care
  • Medical bills for treatment necessitated by the malpractice
  • Lost wages and reduced earning capacity
  • Cost of long-term care, home modifications, or medical equipment

Non-economic damages:

  • Physical pain and emotional suffering
  • Loss of enjoyment of life
  • Disability and disfigurement
  • Loss of consortium (impact on family relationships)

Punitive damages: Rarely awarded in medical malpractice, these may apply when conduct involves gross negligence, willful misconduct, or intentional wrongdoing.

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