In New York, medical malpractice lawsuits have two types of damages that you can recover. One is compensatory damages, and the other one is punitive damages. Compensatory damages can include your actual losses, your actual damages. In layman’s terms, this is out-of-pocket costs and any time you miss from work. You can also recover compensatory damages in the sense of pain and suffering.

This is a quantifiable amount for your injury based on how much you had to endure all your medical treatment and the permanency that that injury caused. Punitive damages depend on the severity of the misconduct by the medical professional.