There is no set value — a New York medical malpractice case is worth the damages the injury caused, which can include medical expenses, lost earnings, future care costs, and pain and suffering. Serious, permanent injuries can be worth a great deal; minor ones much less. Most malpractice lawyers work on contingency, taking a percentage of any recovery rather than charging up front, and New York caps malpractice attorney fees on a sliding scale that decreases as the recovery grows.
Case value depends entirely on the harm. Damages in a New York malpractice case generally fall into two buckets: economic damages (past and future medical bills, lost wages, the cost of future care and assistance) and non-economic damages (pain and suffering, loss of enjoyment of life). The more severe and permanent the injury, the larger the potential value.
Because of that, a case involving a catastrophic, lifelong injury — a birth injury, paralysis, or a death — can be worth far more than one involving a temporary harm. No one can responsibly quote a number without knowing the specific medical facts, the strength of the liability evidence, and the long-term prognosis.
On cost, most New York malpractice attorneys work on a contingency-fee basis: no fee unless they recover, and the fee comes as a percentage of the recovery. New York is notable for capping malpractice attorney fees on a sliding scale (under Judiciary Law § 474-a) — the percentage steps down as the recovery rises, so a larger award means a smaller percentage to the attorney.
Anyone trying to understand what their situation might be worth is best served by a consultation, where an attorney can review the records and the prognosis. Many New York malpractice lawyers offer a free initial consultation.
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How are damages calculated in a New York malpractice case?
By the harm caused — economic damages (medical bills, lost earnings, future care) plus non-economic damages (pain and suffering). Severe, permanent injuries carry higher values.
How do malpractice lawyer fees work in New York?
Most work on contingency — no fee unless they recover, taken as a percentage. New York caps malpractice fees on a sliding scale that decreases as the recovery increases.
Is there a cap on malpractice damages in New York?
New York does not cap the damages a jury can award for medical malpractice, though it does cap the attorney's fee percentage on a sliding scale.