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This entry was published on 2014-09-22
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SECTION 4546
Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
§ 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.