Legal Question in Medical Malpractice in New York

There is not statutory limit in New York. A court can reduce an excessive damages award however. What is considered excessive will depend on the facts in the case. In a death case, the family can recover damages for conscious pain and suffering, monetary loss and loss of parental guidance. It is the family's burden to prove each. Thus, in the case of an elderly victim how dies suddenly due to malpractice, damages are usually somewhat limited if the victim was not supporting anyone and suffered little before death. On the other hand, in a case where the victim was a wage earner who supported their family and suffered a great deal prior to death, damages can be provable into the millions.