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★ New York · medical negligence

Medical negligence settlements
in New York.

By Reviewed by Abd Shanti, Founder9 min read

New York has no malpractice cap, but its appellate courts trim awards they find excessive. In a case where a newborn’s jaundice was missed, causing severe brain damage, the court cut past pain and suffering from $4 million to $2 million.

Facts that decide a medical negligence claim in New York

No capsNew York does not cap malpractice damages; awards are reviewed for whether they deviate materially from reasonable compensation.Sence v. Atoynatan (2d Dept 2016)
Structured judgmentsLarge future damages in malpractice cases are converted to present value and paid under structured judgment rules.Public Health Law § 2999-j, as applied in Sence v. Atoynatan (2d Dept 2016)
Fault rulePure comparative fault: your culpable conduct “shall not bar recovery” but reduces damages. Since 26 May 2026, in car crash suits under the no fault law, a claimant whose culpable conduct is greater than the defendants’ recovers nothing.CPLR 1411(a) and (b); NYSBA Law Digest, August 2026
Deadline to sueThree years for “an action to recover damages for a personal injury,” with exceptions for some claims.CPLR 214(5)
united states · sister site
Your medical negligence claim in New York. See the number for your own case.

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★ NY · reported medical negligence outcomes

What New York courts have awarded.

Real New York decisions and verdicts, each linked to the court record or official report.

  • Sence v. Atoynatan
    Appellate Division, Second Department · 2016
    About $25 million verdict; past pain cut to $2 million

    Jaelin Sence was born at New York Methodist Hospital in 2007. His mother noticed yellowing in his eyes within a day and reported it, but he was discharged; days later he was rushed to Kings County Hospital with severe brain damage from high bilirubin. The jury put 75% of the fault on the hospital and 25% on the pediatrician and awarded about $25 million, adjusted to a present value of $13,815,290. The Second Department reduced past pain and suffering from $4 million to $2 million unless the family chose a new trial.

  • Lacqua v. Silich
    Appellate Division, Second Department · 2016
    Defense verdict reversed; new trial

    Philip Lacqua’s doctor diagnosed a benign condition that was not urgent in January 2002 and did not suspect cancer or order further tests. After his death the family sued, and the jury found for the doctor after being charged on the error in judgment rule. The Second Department held that instruction was wrong where the doctor never weighed alternative treatments, reversed and ordered a new trial.

★ NY · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in New York.

  1. 1

    A parent’s observations are evidence. The mother’s reports of yellowing eyes to the nurse were central to proving the hospital missed rising bilirubin.

  2. 2

    Fault can be split between hospital and doctor. The jury in Sence divided responsibility 75% and 25%.

  3. 3

    Expect appellate review of large awards even without caps, and structured payment of future damages.

  4. 4

    Missed diagnosis is not an error in judgment when no alternatives were weighed. Lacqua won a new trial because the jury was wrongly told the doctor was excused for a judgment call.

★ NY · statute of limitations
3 years for personal injury; 2 years 6 months for medical malpractice

CPLR § 214, § 214-a

★ NY · fault rule
Pure comparative negligence

Pure comparative negligence under CPLR Article 14-A, except that since 26 May 2026 a claimant in a car crash case under the no-fault law whose fault is greater than the defendants’ recovers nothing (CPLR 1411(b)).

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How New York's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
New York · you are herePure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice—
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · medical negligence →
Rhode IslandPure comparative negligence3 years from date of injuryRI · medical negligence →
VermontModified comparative, 51% bar3 years from date of injuryVT · medical negligence →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
DelawareModified comparative, 51% bar2 years from date of injuryDE · medical negligence →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · medical negligence →
ArizonaPure comparative negligence2 years from date of injuryAZ · medical negligence →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence →
North CarolinaPure contributory negligence3 years from date of injuryNC · medical negligence →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · medical negligence →
★ NY · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in New York. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of NY
New York overview

Fault rule, statute, caps, and key facts for New York as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in New York. See /methodology, /sources, and /disclaimer.