nyc medical malpractice lawyer average settlement

According to the National Practitioner Data Bank (NPDB) report for 2022, there were 1,170 medical malpractice payouts reported in New York, amounting to a total of $560.58 million. This data indicates an average settlement amount of approximately $478,632 per medical malpractice claim.

These figures underscore the significant impact of medical malpractice incidents on victims in New York and highlight the importance of hiring a proven and capable New York City medical malpractice lawyer for those who have suffered harm due to negligence in medical care.

New York Ranked First Among All States for the Number of Medical Malpractice Lawsuits Filed Over Last 10 Years

New York has topped the charts in terms of the highest number of medical malpractice lawsuits filed over the last decade, as revealed by a research study. From 2012 to 2022, New Yorkers initiated a staggering 15,951 medical malpractice claims against various healthcare professionals, surpassing the next-highest state, by more than 3,500 lawsuits.

Notably, despite the high number of lawsuits, the study showed that the total costs incurred by the healthcare industry in these lawsuits amounted to just $6.85 million, ranking New York at the 40th lowest total out of 50 states. This data sheds light on the prevalence of medical malpractice cases in New York and demonstrates the need for victims to work with experienced NYC medical malpractice attorneys in order to obtain maximum compensation for their injuries and losses.

New York Records High Medical Malpractice Payouts in the US for Injured Victims

New York stands out as the frontrunner in medical malpractice payouts, as highlighted in the analytical research conducted by the Lawsuit Reform Alliance of New York. The report reveals that New York ranked third in the US in terms of nuclear verdicts, which are verdicts valued at $10 million or more, from 2010 to 2019.

During this period, medical liability cases emerged as the second highest source of nuclear verdicts in the state, accounting for 22.5% of such cases. This data underscores the significant financial impact of medical malpractice cases in New York and shows the importance for injured victims to hire the services of a top New York City medical negligence lawyer.

New York Ranks # 1 Among States with the Largest Medical Malpractice Settlements

According to the available data, in 2022, New York led the states with the highest medical malpractice settlements, with a total payout of $551 million. Following New York, Florida ranked second with settlements amounting to $382 million, while Pennsylvania, Illinois, and New Jersey rounded out the top five states with settlements totaling $295 million, $222 million, and $215 million, respectively.

New York Medical Malpractice Trends: By the Numbers

In New York, medical malpractice occurs regularly across various healthcare settings, including hospitals and clinics. To understand the frequency of errors made by healthcare providers, consider these key medical malpractice statistics:

  • One in three care providers faces a medical malpractice lawsuit during their career.
  • Avoidable errors occur in 3% to 15% of all medical interventions.
  • Misdiagnosis ranks among the most common types of malpractice, with cancer, infections, and vascular events being the conditions most frequently misdiagnosed.
  • Prescription errors are also widespread, with insulin and morphine identified as the two most error-prone medications.
  • Surgeons are the healthcare providers most commonly sued for malpractice.
  • An overwhelming majority, 96.9%, of successful medical malpractice claims are settled out of court.

These statistics highlight the prevalence of medical malpractice incidents in New York. Make sure you have a seasoned med mal lawyer in New York City to hold negligent healthcare providers accountable and recover the largest possible compensation you are entitled to.

Top Causes of Medical Malpractice in New York: What Do the Numbers Reveal?

According to researchers, several factors contribute to medical malpractice cases in New York. Here are the figures showing the top causes:

  • Misdiagnosis or delayed diagnosis represents nearly one-third (32%) of medical malpractice claims. This occurs when a healthcare provider fails to accurately diagnose a patient's condition or delays the diagnosis, leading to harm.
  • Surgical errors account for one-quarter of all claims against negligent care providers. These errors can include mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
  • Prescription errors affect approximately 1.5 million individuals annually nationwide, resulting in $3.5 billion in damages. These errors occur when healthcare providers prescribe the wrong medication, incorrect dosage, or fail to consider potential drug interactions.
  • Anesthesia errors contribute to 2.7% of medical malpractice claims. These errors involve mistakes made during the administration of anesthesia, which can lead to serious complications or even death.

These statistics reveal the need for vigilance and accountability in the healthcare industry to prevent medical errors and ensure patient safety. Dedicated NYC medical malpractice attorneys can help you recover your rightful damages from negligent medical professionals and hospitals.

Multi-Million Dollar Medical Malpractice Settlements and Verdicts Won by Rosenberg, Minc, Falkoff & Wolff, LLC in New York                                                                                           

Here are some of the significant medical malpractice settlements and verdicts won by the NYC medical negligence lawyers at Rosenberg, Minc, Falkoff & Wolff, LLC for injured New Yorkers:

$15 Million Jury Award for Brain Injury: In the case of Jose Vigo v. New York Hospital and Richard Fraser, a 49-year-old man underwent neurosurgery for the removal of a benign temporal lobe tumor. However, he suffered a stroke during surgery due to the obstruction of the anterior choroidal artery, leading to extensive brain damage and paralysis of the left arm and leg. The jury found that Dr. Fraser deviated from accepted practice by injuring the artery, resulting in the $15 million verdict.

$15 Million Manhattan Neurosurgical Brain Injury: Mr. Vigo, a 62-year-old male, underwent brain surgery to remove a benign tumor. However, the surgeon negligently injured major blood vessels, causing semi-paralysis. This case resulted in a $15 million verdict.

$10.5 Million for Infant Brain Damage: An infant was admitted to a New York Hospital with mild respiratory distress but suffered brain damage due to traumatic insertion of an NG tube. The hospital's failure to diagnose and treat a tension pneumothorax led to irreversible brain damage. The settlement amount was $10.5 million.

$9 Million Brain Injured Baby Settlement: A routine biopsy on a baby resulted in brain damage due to negligent monitoring in the recovery room. The settlement increased from an initial offer of one million to $9 million.

$7.75 Million Settlement Injury to a Child: A 5-year-old patient received nearly $8 million in compensation from an NYC hospital for negligent care in the pediatric intensive care unit, which led to neurological damage.

$5.5 Million Blinded Woman’s Record Win: Susie Kim, a Korean woman, lost her sight due to a misdiagnosed form of glaucoma. She settled for $5.5 million, one of the largest damage settlements in the state's history.

$5.5 Million for Injured Child: An infant with shoulder dystocia suffered damage to the left arm during birth due to the negligent handling of the condition. The settlement was $5.5 million.

$5 Million for Botched Eye Surgery: A 73-year-old man lost vision in an eye due to infection caused by unsterile conditions during retinal surgery. The jury awarded $5 million in damages.

$4.5 Million for Failure to Perform C-Section: Jacqueline Salazar, represented by Peter D. Rosenberg, received a $4.5 million verdict after suffering brain damage due to a hospital's failure to timely perform a cesarean section despite fetal distress.

$4.4 Million for Failure to Diagnose Infection: A Queens, NY woman received a $4.4 million settlement for damages caused by a hospital's failure to diagnose and treat an infection promptly, leading to sepsis and organ damage.

$4.0 Million NYC Hospital Negligence Birth Injury: A newborn sustained severe neurological impairment, cerebral palsy, and deafness due to a hospital's negligence in timely diagnosing and treating jaundice. The case settled for $4 million prior to trial.

$3.75 Million Hospital Negligence Sepsis and Amputation: A 65-year-old female developed severe septic shock and required multiple amputations due to a hospital's failure to intervene promptly despite clear evidence of progression to sepsis. She received a $3.75 million settlement.

$3.7 Million Birth Injury Infant Stroke: An infant suffered a perinatal stroke due to mismanagement during labor and delivery, resulting in hemiplegia and intellectual deficits. The case settled for $3.7 million pretrial.

$3 Million Birth Injury Development Delays: An infant experienced severe developmental delays due to a hospital's failure to respond to signs of fetal distress during labor, resulting in hypoxia and asphyxia. The case settled for $3 million without trial.

These cases highlight the success of the firm’s experienced medical malpractice attorneys in New York in achieving record compensation for victims of medical negligence, ranging from brain injuries to birth injuries and surgical errors.

FAQs on Medical Malpractice Settlements in New York

What types of damages can I recover in a medical malpractice settlement?

In New York, medical malpractice settlements typically cover economic damages (such as medical expenses, lost wages, and future care costs) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life).

Do most medical malpractice cases go to trial?

No, the majority of medical malpractice cases in New York are settled out of court through negotiations between the parties involved. Trials are typically pursued when parties cannot reach a settlement agreement.

How are medical malpractice settlements calculated?

Medical malpractice settlements are calculated based on various factors, including the severity of the injury, the extent of negligence, the cost of past and future medical care, lost income, and non-economic damages such as pain and suffering.

Do I need a lawyer for a medical malpractice settlement?

It's prudent to seek legal representation from an experienced medical malpractice attorney. They can help assess your case, negotiate with insurance companies or defendants, and ensure you receive fair compensation for your injuries.

How long does it take to reach a medical malpractice settlement?

The timeline for reaching a settlement varies depending on the complexity of the case, the willingness of the parties to negotiate, and other factors. Some settlements may be reached relatively quickly, while others may take months or even years to finalize.

Will my medical malpractice settlement be taxable?

In New York, medical malpractice settlements for physical injuries or illnesses are generally not taxable. With that said, portions of the settlement allocated to lost wages or punitive damages may be subject to taxation.

Can I appeal a medical malpractice settlement?

Once a settlement agreement is reached and signed by all parties, it is typically final and binding. Moreover, if there are grounds to challenge the settlement, such as fraud or coercion, you may have legal recourse to seek relief through the courts.

Can I still pursue a medical malpractice claim if I signed a consent form before treatment?

Signing a consent form does not waive your right to pursue a medical malpractice claim if the care provided deviated from the accepted standard and caused harm. Pertaining to this, it may affect the specifics of your case.

Can I sue a hospital for medical malpractice in New York?

Yes, hospitals can be held liable for medical malpractice if their employees, such as doctors, nurses, or other staff, commit negligent acts while providing care within the scope of their employment.

Are there caps on damages for medical malpractice settlements in New York?

No, New York does not have statutory caps on damages for medical malpractice settlements, meaning there are no predetermined limits on the amount of compensation a plaintiff can receive.

What happens if the negligent healthcare provider does not have malpractice insurance?

If the negligent provider does not have malpractice insurance, they may be personally liable for any damages awarded in a lawsuit. With that said, collecting compensation in such cases can be challenging.

Can I still pursue a medical malpractice claim if I signed a settlement agreement with the healthcare provider?

It depends on the terms of the settlement agreement. In some cases, signing a settlement agreement may release the healthcare provider from further liability, while in others, it may preserve your right to pursue additional claims.

What is the role of expert witnesses in a medical malpractice case?

Expert witnesses, typically healthcare professionals with relevant expertise, provide opinions on the standard of care, causation, and other technical aspects of the case. Their testimony is often crucial in establishing negligence.

What is "contributory negligence" in a medical malpractice case?

Contributory negligence occurs when the plaintiff's own actions or behavior contribute to their injury or damages. In New York, contributory negligence does not necessarily bar recovery, but it may affect the amount of damages awarded.

Can I file a medical malpractice lawsuit on behalf of a deceased family member in New York?

Yes, in New York, certain family members, such as spouses, children, or parents, may have the right to file a wrongful death lawsuit on behalf of a deceased loved one who died as a result of medical malpractice.

What is the statute of limitations for filing a medical malpractice lawsuit in New York?

In New York, generally, the statute of limitations for medical malpractice lawsuits is 2.5 years from the date of the alleged malpractice or from the end of continuous treatment by the healthcare provider for the condition related to the malpractice, whichever is later.

Can I still file a medical malpractice lawsuit if the statute of limitations has expired?

There are limited exceptions to the statute of limitations in medical malpractice cases, such as the discovery rule for cases involving latent injuries or instances where the patient was under 18 years old at the time of the malpractice. Consulting with an attorney can help determine if an exception applies.

How long does it take to settle a medical malpractice case in New York?

The duration of a medical malpractice case can vary widely depending on factors such as the complexity of the case, the willingness of the parties to negotiate, and court scheduling. Some cases may settle relatively quickly, while others may take several years to resolve.

Do I need to go to court for a medical malpractice settlement?

Not necessarily. Many medical malpractice cases are resolved through out-of-court settlements negotiated between the parties' attorneys. With that said, if a settlement cannot be reached, the case may proceed to trial.

How are medical malpractice settlements taxed in New York?

Generally, compensatory damages awarded in medical malpractice settlements for physical injuries or illness are not taxable under federal or New York state law. Taking this into account, certain types of damages, such as punitive damages or compensation for emotional distress, may be subject to taxation.

Can I sue multiple healthcare providers for medical malpractice in the same lawsuit?

Yes, if multiple healthcare providers were involved in the alleged malpractice, they may be named as defendants in the same lawsuit. Each defendant would be responsible for their share of liability.

What should I do if I suspect medical malpractice but I'm not sure?

If you suspect medical malpractice, it's important to consult with an experienced medical malpractice attorney who can evaluate your case and advise you on your legal options. They can help determine whether you have a valid claim and guide you through the legal process.

Can I be retaliated against for filing a medical malpractice lawsuit against a healthcare provider?

Retaliation against a patient for filing a medical malpractice lawsuit is illegal. Patients have the right to pursue legal action without fear of retaliation or adverse consequences from healthcare providers.

Choose the Leading New York City Medical Malpractice Lawyers to Maximize Your Settlement

With our track record of securing multi-million dollar settlements and verdicts in medical malpractice cases across New York, Rosenberg, Minc, Falkoff & Wolff, LLC stands as the vanguard of legal advocacy for those who have suffered at the hands of negligent healthcare providers. In an arena where justice is often elusive, our relentless pursuit of accountability has yielded nuclear verdicts exceeding $10 million that not only compensate our clients for their injuries and losses, but also send a resounding message to the medical community: negligence will not go unpunished.

If you have been the victim of medical malpractice, don't settle for less than you deserve. Reach out to our New York City medical negligence lawyers today to ensure your voice is heard and your rights are fearlessly defended. To schedule your free consultation, call us at 212-344-1000 or contact us online.

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