Strokes are serious and often sudden medical events that can seriously injure or kill a person suffering from one. The outcome of a stroke depends highly upon how quickly the patient receives the medical care they need. If medical professionals do not recognize the signs of a stroke or do not order the necessary tests or treatments quickly, a positive outcome may be less likely.

A Newburgh stroke malpractice lawyer could pursue compensation on behalf of you or your loved one if this situation sounds familiar. Receiving compensation for the losses you or a loved one suffers could help ensure that you are made as whole as possible after the malpractice event. Speak with an accomplished malpractice attorney about your legal rights following any malpractice injuries.

Defendants in a Stroke Malpractice Case

A plaintiff’s stroke malpractice attorney in Newburgh could name multiple defendants in their lawsuit, depending on the specific circumstances. Possible defendants may include:

Who Pays if the Plaintiff Wins in a Stroke Malpractice Case?

New York Civil Practice Law & Rules §1601 addresses the liability of each defendant in a malpractice case. If a defendant is less than 50 percent liable for the non-economic damages of the plaintiff, several liability may apply. Each defendant would pay a percentage of the monetary award to the plaintiff based on their percentage of liability assigned by the jury.

If the injury to the plaintiff was caused by intentional or reckless actions, joint and several liability always apply. If one defendant settles with the plaintiff, the remaining defendants would be entitled to a setoff of the damages. The settling defendant would then no longer liable for the joint liability of the remaining tortfeasors.

Damages That Stroke Malpractice Plaintiffs Could Claim

Damages are the losses a plaintiff suffers due to malpractice. The settlement or award a plaintiff receives is based on their economic and non-economic damages. Economic damages are easily measurable and may include:

  • Past and future lost wages
  • Past and future medical bills
  • Rehabilitation
  • Medical equipment
  • Medications

Non-economic damages are subjective and sometimes difficult for a court to give an objective value to. They may include pain and suffering, loss of enjoyment of life, loss of consortium, and mental anguish, among other intangible losses. Plaintiffs should discuss which damages may apply to their case with a stroke malpractice attorney in Newburgh.

Are Punitive Damages Available in Newburgh Stroke Cases?

While a plaintiff can ask for punitive damages, the court rarely assigns them if there is no clear and convincing evidence that the behavior by the defendant(s) was deliberate or reckless. These damages are meant specifically to punish defendants for their actions and to deter the same behavior in the future.

Damage Caps

To protect physicians, insurance companies, and hospitals, many states limit the amount of compensation stroke malpractice plaintiffs may receive. New York does not enforce any laws regarding damage caps. The jury is free to assign damages as they see fit, outside of the confines of any state law.

Contact a Newburgh Stroke Malpractice Attorney

You do not have to suffer without help if you experienced injuries and other losses due to medical malpractice after a stroke. You may be able to hire an attorney to represent your interests and work towards winning compensation on your behalf.

Doctors and hospitals have powerful lawyers on their side, and you should too. To get your case started, call a skilled Newburgh stroke malpractice lawyer today.