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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34996
Experience:  16 yrs. of trial experience
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I would like to have a copy of the new york state law that ...

Customer Question

I would like to have a copy of the new york state law that puts a cap on restitution an elderly person can be awared in a malpractice case
Submitted: 9 years ago.
Category: Legal
Expert:  P. Simmons replied 9 years ago.
Thanks for the request

I can work this or will find someone who can

Can you tell me if this is a pending case and is it a medical malpractice case?

Customer: replied 9 years ago.
I have been informed that my 83 year old mother would not be awarded enough money to cover the cost of taking a hospital and several doctors to court for neglect,abandonment,misdiagnosis,mistreatment,
abuse, and being left for dead. She was on End of Life Care for 4months, after 5 hopsitalizations, because her potassium levels were consistantly 8.0 or above and I took her to another hospital that discovered in 1 1/2 days that the food she was being fed, through a tube in her stomach, has high levels of potassium, which her kidneys could not excrete, because they were compromised due to complications from C-Diff which was not treated in a timely manner and caused her to become, dehydrated from constant diarrhea..(for almost 1 year), metabolic acidosis, anemia, acute renal failure, cardiac arrest and respiratory arrest. We were advised by the nursing home we took her to to stop hospitalizing her and place her on Comfort Care which is the equivalent of Hospice because the doctor said " I don't know why this keeps happening" She never looked at the most basic thing!!! what she was being fed.
SHE IS FINE Since she was put on a Renal patient diet!!!!
Expert:  P. Simmons replied 9 years ago.

Gimme a few mins and I will get an answer
Customer: replied 9 years ago.
Thank you. I hope I am only paying you once for this service!!!
Yours truly,
Rosemarie Castro-Recio (NNN) NNN-NNNN
Expert:  P. Simmons replied 9 years ago.
You mention that your mother would not be awarded enough money...did she (or someone for her) take this to court and receive a judgement already or are you thinking about it?
Customer: replied 9 years ago.
I have not taken anyone to court. 2 lawyers told me about the New York State Law that states..once a person lives beyond the expected age of life expectancy that person is not worth much in terms of restitution for malpractice.
I would just like to have a copy of that law!!!!
Expert:  P. Simmons replied 9 years ago.
Got it

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
P. Simmons and 7 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
could you PLEASE send me a copy of the law??? It is very important that I have it.
This nightmare has been going on for 1 year and it has been almost impossible to find someone to help me. I have contacted my Congressman and will pursue the matter with him.
Expert:  P. Simmons replied 9 years ago.
I'm sorry, there is no statute (or law) that limits damages...the law allows reasonable damages to your mother if she is injured and can show that it was anothers fault.

In determining the amont of damages the jury will look at the age of your mother and how long she has likely has to live. Based on this she will be compensated

I dont have access to the NY jury insturctions but this link

Will sell them to you.

Please let me know if you have more questions
Customer: replied 9 years ago.
Expert:  P. Simmons replied 9 years ago.