HYUNG KEE LEE v. NEW YORK HOSPITAL QUEENS (Appellate Division, 2nd Dept)

Although the hospital conceded its liability for medical malpractice, this case proceeded to trial on the issue of damages.  Decedent’s wife claims that the decedent spent a minimum of 20 hours a week doing housework and thereby claimed that in the lost household services claim.  However, despite testimony supporting her claims, the court found that there was insufficient evidence showing that any actual expenditure was incurred in replacing the household services which decedent no longer provided.  However, the court agreed that the descendant’s provision of long-term care for his disabled daughter during his lifetime constituted a recoverable loss of household service as the disabled daughter will not require the aid of a nurse.  Therefore, the court revised the award of $336,000 for lost household services/past economic loss down to $250,000.