How Much Can I Recover by Filing a Medical Malpractice Lawsuit in New York State?

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When we visit our doctors, surgeons, and other health care providers, we place our wellbeing in their hands. We trust that they will fulfill their duty to care for us to the best of their ability. Unfortunately, medical providers can and do make mistakes. When a negligent or reckless error leads to negative health outcomes, the victim may choose to file a medical malpractice claim in order to recover compensation that can go toward the costs associated with medical issues triggered by the error. Let’s take a look at the process for filing a medical malpractice claim in New York state and how much compensation you can expect to receive if your lawsuit is successful.

Building a Medical Malpractice Claim in Westchester County

If you’ve suffered an injury or complications stemming from a medical worker’s negligent actions, you may be able to seek compensation by filing a medical malpractice claim. However, in order for your claim to be eligible, you’ll need to establish four key elements:

  • The doctor or medical worker had a duty of care to you as their patient
  • The doctor or medical worker breached this duty of care
  • Their negligent actions caused your injury or medical condition
  • You suffered quantifiable losses, which can be compensated

If your case is able to meet these criteria, you should enlist the assistance of an experienced medical malpractice attorney who can guide you through the process of filing the lawsuit and initiating the legal process. Together, you’ll work to compile substantial evidence to illustrate how this healthcare professional acted negligently and caused you physical harm as a result.

Average Medical Malpractice Settlements and Awards

Many hospitals or healthcare entities named in the lawsuit will attempt to negotiate a settlement out of court. In general, out of court settlements reduce the financial burden of taking the matter to trial; however, you should be aware that the other party may attempt to make you a lowball offer at first. Working with an experienced medical malpractice lawyer is key to helping you assess this initial offer and push back if it does not seem fair. According to some estimates, the average out of court settlement is around $425,000. However, if the case proceeds to trial and you successfully make your case to the jury, you may be able to recover over $1 million in damages.

How a Westchester County Attorney Can Help

Medical malpractice lawsuits can be difficult to win. It can be hard to persuade a jury that a clear error was made that directly caused your injury or medical condition, so many plaintiffs are unable to achieve their desired goal. Your best shot at recovering the compensation you deserve is to enlist the guidance of a skilled medical malpractice attorney who can assess the specifics of your situation and develop a sound legal strategy that’s designed to help you achieve the compensation you need to get your life back on track.


Interested in learning more about how to pursue a medical malpractice claim in Westchester County? Call Gash & Associates, P.C. today at (914) 328-8800 to schedule a free consultation with a dedicated attorney.