When injured patients bring medical malpractice claims against their healthcare providers, these claims often result in negotiated settlements between the patient and the provider or the provider’s insurance company. But what kinds of compensation can a patient recover in an average medical malpractice settlement in New York? Knowing what to expect when pursuing a medical malpractice settlement can help you maximize your financial recovery for your harm and loss.
What Factors Influence Medical Malpractice Settlements in New York?
Various circumstances can affect the dollar amount of a medical malpractice settlement. Some of the most critical factors include:
- The severity of the patient’s injury or complications, including whether the patient has suffered a permanent injury or disabilities, or passed away due to their injuries or complications
- The extent of the patient’s financial losses, including additional medical expenses incurred to treat harm caused by negligent care, future long-term care expenses, and lost wages/earning capacity
- The nature of the pain, physical suffering, and emotional distress experienced by the patient
- The strength of the patient’s legal case and the likelihood that they can prove liability at trial
- The defendant provider’s ability to pay a settlement, including their financial resources and insurance coverage
Average Settlement Amounts: What Do the Numbers Show?
Although there is no such thing as an “average” medical malpractice settlement, since settlements depend on various factors, they tend to fall into broad dollar ranges based on factors such as the nature and severity of the patient’s harm and the defendant provider’s financial resources. Medical malpractice settlements can range from tens of thousands of dollars for temporary injuries or complications that do not cause lasting harm to millions of dollars for patients who suffer permanent disability or disfigurement or experience a substantial reduction in their quality of life. Medical malpractice cases involving patients who die due to injuries or complications caused by negligent treatment can also lead to settlements of millions of dollars to compensate for the value of the patient’s life.
How New York Law Affects Settlements
State law can also play a role in determining the value of a medical malpractice settlement. For example, unlike other states, New York does not place a cap on the compensation that a patient or their family can recover in a medical malpractice claim. Patients have no limit on their ability to obtain compensation for non-economic losses, such as physical pain, emotional distress, or lost quality of life.
New York also has a pure comparative negligence rule for injury claims. Under the rule, any share of fault that a patient bears for causing their injuries or complications can proportionately reduce the compensation they might recover in a medical malpractice lawsuit. As a result, a settlement in a medical malpractice case where the patient shares some of the fault may also reflect the effect of the comparative negligence rule.
What Victims Can Expect During the Settlement Process
Injured patients who bring medical malpractice claims against negligent providers may expect unique aspects of the settlement negotiation process, including:
- Length of time: Due to the complexity of facts and evidence in medical malpractice cases, parties may take months or years to negotiate a settlement.
- Effect of trial: Although most medical malpractice claims settle before reaching trial, the likelihood of a settlement can increase as a case approaches trial. Some cases settle mid-trial, as the course of the trial allows parties to gain a better understanding of their respective positions.
- Emotional and financial toll: Settlements can help patients cover the cost of their recovery, although waiting to obtain a settlement can have a substantial economic and emotional toll.
Contact a Medical Malpractice Attorney Today
When you suffer injuries or complications due to negligent medical care, you may pursue financial recovery through a negotiated settlement of your medical malpractice claim. Contact McCann Legal, PC today for a free, no-obligation consultation with a medical malpractice lawyer to learn more about the compensation you might recover in a settlement of your injury claim against a negligent healthcare provider.