Despite the judicial hierarchy of a state’s appellate court, its power to review and correct errors made by a trial court is based on standards of review that serve to establish a deferential approach. The standards foster the creation of a stable body of legal precedents intended to guide the trial courts in addressing substantive and procedural law.

This article presents a comparison of New York and New Jersey’s appellate standards of review on pain and suffering awards in medical malpractice actions. 

Standards of Review