October 21, 2023 | Publications

Understanding Compensation for injuries caused by Surgical Malpractice in NYC

In New York, victims of surgical negligence are entitled to two types of compensation: economic and non-economic. These types of compensation are designed to make you “whole” again after you have been injured.

Patients can receive compensation for injuries and damages caused by surgical malpractice through various means, including: Medical Malpractice Lawsuits, Settlements, Medical Malpractice Insurance, Medical Boards, Other Legal Avenues

How much is a medical malpractice settlement in New York?

More than 1,000 medical malpractice claims were filed in New York state in 2022, with an average of $474,000 awarded to the injured party.

What are punitive damages for medical malpractice in NY?

In New York, courts have held that punitive damages can be appropriate when there’s clear and convincing evidence that a defendant’s conduct exhibits: Willful or wanton negligence, or. A high degree of moral turpitude.

How much are most medical malpractice settlements?

The average payout in a medical malpractice lawsuit in the U.S. is somewhere $242,000, as we said above. The median — as opposed to the average – value of a medical malpractice settlement is $250,000. The average jury verdict in malpractice cases won by the plaintiff is just over $1 million.

Patients can receive compensation for injuries and damages caused by surgical malpractice through various means, including:

  • Medical Malpractice Lawsuits: Patients can file a medical malpractice lawsuit against the surgeon or healthcare provider responsible for the malpractice. This process involves gathering evidence, proving negligence or medical malpractice, and seeking compensation through a legal proceeding.
  • Settlements: Rather than going through a trial, patients and their legal representation may negotiate a settlement with the medical professional or their insurance company. In many cases, settlements can provide compensation for medical expenses, lost wages, pain and suffering, and other damages.
  • Medical Malpractice Insurance: Some medical professionals have malpractice insurance, which covers them in case of lawsuits related to their practice. Patients may be able to receive compensation through the insurance company, either through negotiations or an established settlement process.
  • Medical Boards: Patients can report surgical malpractice to the medical board or licensing authority in their jurisdiction. If the board finds the surgeon at fault, they can take disciplinary actions, including fines, suspension, or revocation of the surgeon’s license. While this may not directly provide compensation to the patient, it can help prevent similar occurrences in the future.
  • Other Legal Avenues: Depending on the specific circumstances, patients may explore other legal options such as class-action lawsuits, product liability claims (if faulty medical equipment was involved), or actions against hospitals and healthcare institutions.

Free Initial Consultation

It is important for patients to consult with an experienced medical malpractice attorney who can assess the case, understand the legal options available, and guide them through the process of seeking compensation.

Supporting our clients throughout the legal process with our personalized, caring service.

Surgical malpractice can have life-altering consequences for patients. Top-Rated Karasik Law Group, with their expertise in medical malpractice litigation, is dedicated to representing clients in New York and New Jersey. Their services extend across various boroughs and encompass a wide range of surgical procedures. By seeking their legal expertise, victims of surgical malpractice can have a fighting chance at obtaining the compensation they deserve for their physical, emotional, and financial suffering.