In a medical malpractice action, is a plaintiff entitled to damages intended to provide for future medical services?

Moreover, in an analogous context, several New York trial courts have declined to offset awards intended to provide plaintiffs with medical services in the future, in part because such an offset would deprive plaintiffs of the ability to choose their own medical services caregiver. In Andrialis v. Snyder, an infant injured as a result of the defendants' medical malpractice was awarded damages to provide for future medical services, including physical, occupational and speech therapy. 159 Misc.2d 419, 603 N.Y.S.2d 670 (N.Y.Sup.Ct.N.Y.Cty.1993). Defendants sought an offset pursuant to Section 4545 on the ground that "the infant plaintiff would be eligible under certain circumstances to receive physical therapy, occupational therapy, speech therapy and psychotherapy" provided for free from her school district. Id. The trial court declined to offset the damages on the grounds that the provision of such services by the state was not reasonably certain, noting that such an offset would mean that:

Id. The Andrialis court further observed that: