N.Y. Civil Practice Law & Rules Section 4546
Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice


1.

In any action for medical, dental or podiatric malpractice where the plaintiff seeks to recover damages for loss of earnings or impairment of earning ability, evidence shall be admissible for consideration by the court, outside of the presence of the jury, to establish the federal, state and local personal income taxes which the plaintiff would have been obligated by law to pay.

2.

In any such action, the court shall instruct the jury not to deduct federal, state and local personal income taxes in determining the award, if any, for loss of earnings and impairment of earning ability. The court shall further instruct the jury that any reduction for such taxes from any award shall, if warranted, be made by the court.

3.

In any such action, the court shall, if warranted by the evidence, reduce any award for loss of earnings or impairment of earning ability by the amount of federal, state and local personal income taxes which the court finds, with reasonable certainty, that the plaintiff would have been obligated by law to pay.

Source: Section 4546 — Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice, https://www.­nysenate.­gov/legislation/laws/CVP/4546 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

4501
Self-incrimination
4502
Spouse
4503
Attorney
4504
Physician, dentist, podiatrist, chiropractor and nurse
4505
Confidential communication to clergy privileged
4506
Eavesdropping evidence
4507
Psychologist
4508
Social worker
4509
Library records
4510
Rape crisis counselor or domestic violence advocate
4511
Judicial notice of law
4512
Competency of interested witness or spouse
4513
Competency of person convicted of crime
4514
Impeachment of witness by prior inconsistent statement
4515
Form of expert opinion
4516
Proof of age of child
4517
Prior testimony in a civil action
4518
Business records
4519
Personal transaction or communication between witness and decedent or person with a mental illness
4519‑A
Possession of opioid antagonists
4520
Certificate or affidavit of public officer
4521
Lack of record
4522
Ancient filed maps, surveys and records affecting real property
4523
Search by title insurance or abstract company
4524
Conveyance of real property without the state
4525
Copies of statements under article nine of the uniform commercial code
4526
Marriage certificate
4527
Death or other status of missing person
4528
Weather conditions
4529
Inspection certificate issued by United States department of agriculture
4530
Certificate of population
4531
Affidavit of service or posting notice by person unavailable at trial
4532
Self-authentication of newspapers and periodicals of general circulation
4532‑A
Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests
4532‑B
An image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, o...
4533
Market reports
4533‑A
Prima facie proof of damages
4533‑B
Proof of payment by joint tort-feasor
4534
Standard of measurement used by surveyor
4536
Proof of writing by comparison of handwriting
4537
Proof of writing subscribed by witness
4538
Acknowledged, proved or certified writing
4539
Reproductions of original
4540
Authentication of official record of court or government office in the United States
4540‑A
Presumption of authenticity based on a party’s production of material authored or otherwise created by the party
4541
Proof of proceedings before justice of the peace
4542
Proof of foreign records and documents
4543
Proof of facts or writing by methods other than those authorized in this article
4544
Contracts in small print
4545
Admissibility of collateral source of payment
4546
Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice
4547
Compromise and offers to compromise
4548
Privileged communications
4549
Admissibility of an opposing party’s statement
4550
Admissibility of evidence related to legally protected health activity
4551
New York voting and elections database

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 4546’s source at nysenate​.gov

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