In their Medical Malpractice Defense column, Martin Clearwater & Bell's John L.A. Lyddane and Barbara D. Goldberg write: New York has no consistent or coherent methodology whereby a jury award for future damages in a wrongful death medical malpractice case may be converted into a judgment in favor of the estate. Perhaps the time has come for the Legislature to revisit the issue of the statutory interest rate, in order to ensure that damages awarded in such cases indeed represent "fair and just compensation" and not overcompensation that is punitive in all but name.
Entry of Judgment in Wrongful Death Med Mal Cases
New York Law Journal
September 23, 2013