Healthcare providers and hospitals maintain a duty to safeguard the health and safety of their patients.
There is no singular definition of the “standard of care,” as each case varies depending upon the unique characteristics of the patient’s medical situation.
Healthcare providers who fail to meet the applicable standard of care might be liable under New York’s medical malpractice statute.
Medical negligence is an increasing public health concern, posing severe risks of patient injury, disease, disability, and death.
As a result, New York law provides injured patients a way to recover compensation from their negligent healthcare provider.
Every medical malpractice claim is different, and the settlement a person can expect to secure depends on various factors.
Don’t hesitate to contact our medical malpractice lawyer today at (516) 280-7311 for a free consultation.
How Much Is the Average Medical Malpractice Settlement?
So, how much is the average medical malpractice settlement? A recent analysis of historical medical malpractice claims data suggests that while claim frequency has been trending downward, the severity of claims has been trending upwards.
As a result, the average medical malpractice payment in the most recent reporting year was $337,072.
From 2010 to 2019, New York recorded $6.9 billion in medical malpractice payouts, the highest in the nation during that period.
Types of Medical Malpractice Cases
Medical malpractice claims typically fall into three primary categories:
- Failure to diagnose,
- Surgery-related, and
- Improper treatment.
The allegations often include the following claims:
- Improper performance,
- Failure to diagnose,
- Delay in diagnosis,
- Improper management,
- Misdiagnosis, and
- Foreign objects left behind during surgery.
A medical malpractice claim can be brought against various healthcare providers. However, statistics indicate that the highest average settlement occurs in claims involving the following specialties:
- Neurosurgery,
- Neurology,
- Obstetrics and Gynecology,
- Pediatrics,
- Pathology, and
- Gastroenterology.
Many patients also report that their injuries resulted from multiple negligent healthcare providers. Sometimes, different or contradictory instructions and recommendations can lead to harm.
New York Medical Malpractice Statute of Limitations
In New York, medical malpractice claims must be filed within 30 months of the malpractice date. Exceptions include the discovery rule, continuous treatment doctrine, a two-year limit for wrongful death, and special timing under Lavern’s Law for cancer misdiagnosis.
Factors That Impact Medical Malpractice Settlements in New York
Navigating the medical malpractice system can be challenging, especially when you are experiencing the physical, psychological, and financial impact of their injuries.
Victims should consult with an attorney to discuss the factors that can impact their medical malpractice settlement.
However, some general characteristics that can affect a medical malpractice award include the following:
- The severity of your injuries,
- Medical treatment costs,
- Amount of lost income and earning capacity,
- Provable damages,
- Liability, and
- Statute of limitations.
Victims can recover economic damages and non-economic damages. And unlike other states, New York has no statutory limit on medical malpractice damages.
As such, no limit exists on how much a medical malpractice victim or their family can seek.
Considering a Medical Malpractice Lawsuit in New York? We’re Here to Help
Have you wondered what the average medical malpractice settlement is in New York? If so, you’re not alone.
However, without having a dedicated medical malpractice attorney review the details of your case, it will be hard to come up with an accurate figure.
At the Law Offices of Theodore A. Naima, we have over 25 years of extensive experience helping patients and their families hold negligent medical providers responsible for their actions.
We’re immediately available to meet with you to discuss your case. To schedule a free consultation today, call the Law Offices of Theodore A. Naima at 516-280-7311.
You can also connect with us through our online contact form.
Frequently Asked Questions
What are the most common types of medical malpractice lawsuits in New York?
In New York, medical malpractice lawsuits most often involve misdiagnosis, surgical errors, medication mistakes, and childbirth injuries.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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