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What is "Mitigation of Damages" in NY? NY Medical Malpractice Attorney Gerry Oginski Explains

Posted by attorney Gerald Oginski

What does mitigation of damages mean in New York? It means if you suffered injuries as a result of an accident or medical malpractice and you have the opportunity to get treatment that will reduce or minimize your injuries, you have a legal obligation to do so.

A lot of people may not be aware of that fact.

Let's say a doctor improperly diagnosed your fracture. As a result you now have a deformed arm that constantly hurts because of the position it healed in. You also learn that your orthopedic surgeon could perform corrective surgery that would eliminate the pain and eliminate the deformity.

Are you obligated to undergo surgery in order to reduce the pain and suffering you are experiencing? You are required to mitigate and minimize the extent of the damages if possible. However, there may be valid reasons why you are unable to proceed forward with corrective surgery.

You might be traumatized and refuse to have additional surgery. There might be other valid reasons explaining why you cannot have corrective treatment. A jury will then need to evaluate your reasons when deciding your case.

Watch the video to learn more.

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