Thanks and now I understand
What the lawyers told you was correct, generally, but there is not a statute or code that was passed by the federal or NY state legislature that will address this
NY state does not limit damages awarded by juries in medical malpractice cases. That said, if there is a verdict
that is higher than expected, then the appellate
process can step in and correct for what is known as "deviate materially from what would be reasonable compensation" This acts in many cases to limit or cap awards for negligence or malpractice cases
The fact that you mother is nearing her life expectancy is one of many factors that jury will consider in awarding damages but they will be instructed to consider it. Other factors will include the harm done and the severity of the malpractice.
Based on what you have said it appears that there is malpractice. You can expect the damages would be enough to "make your mother whole" which WOULD cover future care caused by the Malpractice. That is basic malpractice law in each state
I recommend you talk to another lawer...or perhaps 2. Some lawyers are lazy and dont want to take a case unless there is a big paycheck...BUT NOT ALL.
Best of luck
Please let me know if you have questions else please hit the green button, its the only way i get paid