Seeking damages in a Poughkeepsie medical malpractice case can sometimes become a complex issue. There are many economic and non-economic factors to consider, and on top of that, your case may be subject to New York’s pure comparative negligence laws.
Having an experienced medical malpractice attorney by your side throughout your medical malpractice case may help ensure that you are seeking the damages you deserve and are using an effective legal strategy. Understanding the types of damages you may be eligible to receive is often the first step in recovering them, so consult with a knowledgeable lawyer to learn more about the types of damages you may be entitled to. Arrange for an appointment today and begin discussing potential legal solutions.
Purpose of a Medical Malpractice Case
Patients who have become victims of medical malpractice typically understand how financially, physically, and emotionally draining the ordeal can be. The purpose of a medical malpractice case is often to hold a negligent party accountable through financial compensation and to possibly prevent similar future mistakes.
While in many cases no amount of money can make up for the suffering an injured person may experience, seeking justice and compensation for their damages may potentially give them the best possible outcome going forward in their lives.
Types of Damages in a Medical Malpractice Case
Damages commonly represent what the patient has lost, and damages that can be calculated exactly are often known as special or economic damages. If a plaintiff seeking damages in a medical malpractice case in Poughkeepsie cannot put an objective price tag on certain losses, they may be referred to as non-economic damages. Economic damages may include such losses such as past and future medical bills, lost wages, future lost income capacity, and loss of employment benefits. Non-economic damages may include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium.
Do Poughkeepsie Courts Limit Damage Amounts in Malpractice Cases?
Unlike nearly three dozen other states, New York does not generally limit or place caps on damage awards for plaintiffs in medical malpractice cases. There are often no statutes that address these limits, as lawmakers in New York have found them to be unconstitutional.
How Does Pure Comparative Negligence Doctrine Affect Damages?
Not all medical malpractice cases are completely the fault of a medical professional. According to New York Civil Practice Law & Rules §4011a, the judge or the jury may assign a percentage of fault for injuries to the plaintiff when applicable. This is more commonly known as a pure comparative negligence system.
In a medical malpractice case, this system may come into play if the plaintiff did not follow the medical advice they were provided with or if they gave misinformation to their provider, in addition to other reasons. If a percentage of fault is given to the plaintiff, their compensation for damages in their Poughkeepsie medical malpractice case could be reduced by that same percentage.
Talk to a Poughkeepsie Attorney Today to Discuss Damages In a Medical Malpractice Case
Every medical malpractice plaintiff is unique and may have their own set of values and standards. A seasoned medical malpractice lawyer could use their extensive knowledge of New York medical malpractice laws and your personal needs to argue a case that may increase your chances of recovering damages in a Poughkeepsie medical malpractice case.
They could work hard to show the defendants and the jury the degree to which a plaintiff suffered because of maltreatment by a healthcare provider. Call today to learn more about the types of damages you may be entitled to in your medical malpractice case.