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 Apr. 20, 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
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 4546’s source at nysenate​.gov

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