Medical malpractice cases are often quite complicated and may take a lot of time to resolve. However, the end goal of such a lawsuit typically is to receive compensation for the damages the patient has suffered at the hands of a negligent medical professional. Damages in a Newburgh medical malpractice case are mainly dependent on the nature and severity of a person’s injuries.
Contact a skilled medical malpractice attorney and they could examine your case to help determine effective legal strategies. A plaintiff who has suffered extensively may have incurred significant medical expenses and had to make more life alterations due to their medical malpractice injuries. As a result, they could be eligible to receive substantial compensation to cover their damages.
No Limits on Damages in Newburgh Medical Malpractice Cases
Many states have set caps on the amount of money that a medical malpractice plaintiff could receive if the case ends up in their favor. Newburgh, however, is not located in a state that follows such conditions as there are typically no statutes in the New York Civil Practice Law & Rules that address how much a plaintiff may or may not receive in such a case for punitive or compensatory damages.
Pure Comparative Negligence
Although limits on damages generally do not exist in the jurisdiction that Newburgh falls under, sometimes the amount of compensation a plaintiff could receive depends on their own actions. According to New York CPLR §4011a, New York is a pure comparative negligence state. This means that the court could determine if the plaintiff is at fault themselves for their own injuries.
In a medical malpractice case, a plaintiff who did not follow their doctor’s orders may find themselves subject to this law. When applicable, the court may assign a percentage of fault to the plaintiff. This same percentage would be deducted from the compensation they would have received if they were not found to be at fault.
Determining Compensation through Damages
When the plaintiff and the defendant agree on a settlement before a medical malpractice case has to go to court, they generally do not arrive at these numbers randomly or by accident. Settlements and awards are based on at least one of several common factors—those factors often involve the damages the plaintiff has suffered.
Medical malpractice case damages in Newburgh are often economical, such as medical and travel expenses, lost wages, or lost earning capacity for the future. These are concrete losses and easily calculated for a jury to award.
On the other hand, plaintiffs may also be entitled to non-economic damages, which are typically much harder to assign a price tag to. These could include mental anguish, pain and suffering, loss of consortium, and loss of enjoyment of life. Usually, plaintiffs are potentially eligible to receive both economic and non-economic damages.
Receiving Medical Malpractice Damages for a Case in Newburgh
If you believe you were injured at the hands of a negligent medical professional, you may have many questions about obtaining damages in a Newburgh medical malpractice case. The first step in potentially receiving compensation for your injuries is to consult with an experienced attorney who could review your case for merit.
If your case does have legal merit, your lawyer could begin an investigation and work towards filing your claim. To learn more about the damages you may be entitled to under New York medical malpractice laws, get in touch today.