Recent New York News
The United States is experiencing a growing OB-GYN shortage. Here’s why.
The United States is facing a shortage of obstetrician-gynecologists that is only expected to worsen moving forward. There were about 50,800 OB-GYNs practicing in the U.S. in 2018, already too few to meet the country’s rising demand. Roughly 3,000 fewer OB-GYNs will...
April 2024 Newsletter
Shining a light on third-party financing of liability lawsuits Opinion leaders in the Sunshine State are pushing for the legislature to shed light on third-party financing of medical liability lawsuits, calling for a special legislative session to curb this practice,...
March 2024 Newsletter
Campaign donations linked to expanding litigation laws in New York In pursuit of new avenues that would allow for an expanded ability to file liability lawsuits in New York, personal injury lawyers have pumped an increasing amount of money into the campaign coffers of...
Current Medical Liability Laws
| Damage Caps | None |
| Joint Liability Reform | Yes. For noneconomic damages. Defendants are responsible only for their proportionate share of negligence if they are found to be 50% or less liable. Defendants can be held jointly and severally liable for economic damages. Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603. |
| Collateral Source Reform | Yes. Collateral sources of payment are admissible as evidence and must reduce the award by the amount recovered. Such reduction shall be offset by premiums paid by the claimant for the benefit for two years preceding the action and projected future costs of maintaining benefits. |
| Attorney Fees Limited | Yes. Fees are capped as follows: 30% of the first $250,000; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; and 10% of fees of $1.25 million or more. N.Y. Judiciary. |
| Periodic Payments Permitted | Yes. Future damages over $250,000 must be paid periodically. Medical Malpractice. |