Principal Attorney
Medical malpractice cases in New York are often emotionally and physically taxing for victims seeking justice. Beyond the financial losses associated with medical bills and lost wages, individuals may also endure intangible hardships that significantly impact their lives. Non-economic losses go beyond monetary quantification.
What Are Non-Economic Damages?
Non-economic damages include the intangible losses suffered by a victim as a result of medical malpractice. Unlike economic damages, which can be quantified in monetary terms, non-economic damages are subjective and often relate to the pain, suffering, and emotional distress experienced by the victim.
Types of Non-Economic Damages
- Pain and Suffering. Pain and suffering refer to the physical and emotional distress experienced due to medical malpractice. It includes the immediate pain associated with the negligent act and any prolonged suffering endured during the recovery process.
- Emotional Distress. Medical malpractice can have a profound impact on a victim’s mental well-being. Emotional distress may encompass anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological effects resulting from the malpractice incident.
- Loss of Enjoyment of Life. When medical malpractice leads to a diminished quality of life or the inability to engage in activities once enjoyed, victims may be eligible for compensation for the loss of enjoyment of life.
- Loss of Consortium. This category applies to the negative impact medical malpractice may have on the relationship between the victim and their spouse. Loss of consortium acknowledges the emotional and physical strains on the marital relationship due to the malpractice incident.
Calculating Non-Economic Damages
Unlike economic damages, which can be calculated based on concrete financial losses, determining the value of non-economic damages is subjective. Factors such as the severity of the injuries, the impact on daily life, and the emotional toll are considered in arriving at a fair compensation amount.
New York’s Cap on Non-Economic Damages
In New York, there is a statutory cap on non-economic damages in medical malpractice cases. The cap is adjusted annually based on inflation, and it limits the amount a victim can recover for pain and suffering, emotional distress, and other intangible losses.
There are exceptions to the cap on non-economic damages. For instance, in cases of extreme malpractice resulting in a wrongful death or permanent and severe physical injuries, the cap may not apply, allowing victims to seek compensation that exceeds the statutory limit.
Non-economic damages are as important as economic damages and should fairly compensated. You can best accomplish this with the help of an attorney.
The Attorneys at Civardi & Obiol Help Those in New York Who Have Suffered Medical Malpractice
If you or a loved one has been the victim of medical malpractice, it’s crucial to understand your rights and the potential legal remedies available to you. A knowledgeable and experienced medical malpractice lawyer can advocate for justice and hold those responsible accountable.
At Civardi & Obiol, our qualified New York personal injury attorneys will help to walk you through the process every step of the way. We will fight for your rights. To learn more or schedule a free consultation, contact us today.