In New York medical malpractice cases, the sky is the limit

Unlike many other states, New York does not have any legal caps on medical malpractice damages.

Although there are other factors that practically limit how much New York judges and juries can award plaintiffs, in theory, the sky is the limit. A patient can get whatever compensation they can convince a jury to award and a court to uphold.

Therefore, it is not surprising that some of the largest medical malpractice judgments come out of New York.

New York and several other patient-friendly states account for many of the medical malpractice verdicts against that exceeded $10 million and $25 million.

One of the watershed malpractice verdicts of 2023 was $120 million for allegedly untimely treatment for stroke. A New York jury gave this verdict.

In fairness, most medical malpractice claims settle before a trial. Those cases which do go to trial usually wind up with a verdict for the medical profession.

While verdicts for plaintiffs are getting more severe, often these verdicts do not stick once the appeal process runs its course.

Still, even the threat of a whopper verdict can drive up costs for doctors and hospitals. It also means that the stakes are higher when it comes to going to trial. On the other hand, settling is not always a viable option for doctors who worry about a damaged reputation and lost career opportunities.

Medical professionals will need a quality legal defense to prevent a big verdict

To some extent, big verdicts against medical professionals are just a sign of broader discontent with the American healthcare system.

However, it is important to remember that lawyers for plaintiffs have also perfected certain litigation techniques designed to get juries to award mammoth verdicts, even when such verdicts are not fair.

Medical professionals involved in malpractice claims will need to understand their options. To protected themselves, they will require a developed defense strategy that can both head off common trial tactics and ensure that courts treat doctors and hospitals fairly.