What are the caps on medical malpractice damages in New York?

What the Law Says

New York law does not limit the amount a plaintiff can recover in a medical malpractice case, whether for lost wages, medical expenses, or pain and suffering.

Unlike many other states, New York has never enacted statutory caps on medical malpractice damages. This means plaintiffs may recover the full amount of proven economic losses (e.g., past and future medical bills, lost earnings) and non-economic losses (e.g., pain and suffering, loss of enjoyment of life), as determined by a jury or court.

Legislative proposals to impose caps have been introduced repeatedly over decades but none have become law. As a result, damage awards are based solely on evidence presented at trial and the discretion of the fact-finder.