The answer to this question varies greatly depending on the conduct of the doctor or hospital, the nature of the injuries, consequences of the injuries, and permanency of the injuries. The idea of damages in a civil (non-criminal) legal case is to make the injured individual whole again by way of monetary compensation. Broadly speaking, there are two types of damages that are recoverable in a medical malpractice case, economic damages and non-economic damages. The financial losses you experience as a result of your injuries and the consequences of those injuries are considered economic losses or damages. Examples of economic damages include past and future medical expenses, past and future loss of wages if you were out of work, and future lost earning potential. Non-economic damages are those damages that compensate for more intangible losses such as the pain and suffering you have endured, and your loss of enjoyment of activities and hobbies you once were able to participate in. While some states cap the amount of non-economic damages that can be recovered in medical malpractice cases, New York is not one of them. There is no limit to the pain and suffering damages that can be recovered in NY. How the above types of damages apply to each case is different and will need to be carefully evaluated by an attorney. An attorney may also utilize the expertise of an economist to fully calculate your potential future economic losses and ensure that you are fully informed about the value of your claim.
