Does New York Cap Medical Malpractice Damages?

Yes, New York does cap medical malpractice damages. The state has set specific limits on how much a patient can recover in such cases.

What are the medical malpractice damage caps in New York?

New York law caps non-economic damages, such as pain and suffering, at $150,000 for most medical malpractice cases. However, if the defendant is found to have acted with intent to cause injury or recklessly, the cap increases to $1 million. Economic damages, which include lost wages and medical expenses, are not capped.

What is the rationale behind these caps?

The New York State Legislature implemented damage caps to help control rising insurance costs for doctors and hospitals. The reasoning was that limiting potential payouts would make medical malpractice insurance more affordable and accessible, thus protecting access to healthcare. Critics argue the caps unduly restrict patients' ability to recover full compensation for serious injuries.