The kinds of loss that count
Medical malpractice compensation generally falls into two broad groups. Economic losses cover past and future medical care, lost earnings, and other costs that can be measured, while non-economic losses address pain, suffering, and the loss of enjoyment of life. Unlike some states, New York does not cap non-economic damages in malpractice cases. A spouse may have a separate, related claim for the loss of companionship and support. When a patient has died, the available claims and damages change, and they are generally brought by the estate's representative.
Documenting what was lost
Figures have to be supported, and the support usually comes from records rather than estimates. Keep medical bills and explanation of benefits statements, pay stubs and tax returns, and records of time missed from work. Receipts for travel to appointments, home modifications, and paid help around the house can matter too. Future needs are often assessed by a life care planner and an economist working from the medical evidence. A journal of daily limitations should be kept only at your lawyer's direction, since what you write on your own may be shown to the other side. Statements from family members or coworkers about how your daily life has changed are usually gathered later, through counsel.
Rules that shape the final figure
Several New York rules affect how an award turns into money in hand. Some payments you received from other sources, such as certain insurance benefits, can reduce what a defendant pays for the same expense. In malpractice cases, larger awards for future losses may be paid over time rather than all at once. Liens from health insurers or government programs often have to be resolved out of any recovery. In a first review we look at the losses so far, what is likely ahead, and which of these rules may apply, without putting a number on a case we have not fully examined.
