Is there an award limit on malpractice cases in New York?

• A. No
• B. Yes
• C. It depends
• D. It is determined by the insurer

Answer: (A)

In New York, there is no general statutory limit on how much can be awarded in medical malpractice cases. The amount a plaintiff can recover is determined by the evidence presented at trial and a jury’s verdict, for both economic damages (like medical bills and lost wages) and noneconomic damages (such as pain and suffering). Some states place caps on noneconomic damages, but New York does not have a blanket cap for malpractice awards. The verdict isn’t set by the insurer, though settlements can be influenced by insurance considerations, the legal limit itself is not defined by them.