Recent New York News
Court Rejects Nursing Home Immunity in Pandemic-Era Cases that Don’t Evoke COVID
A Staten Island nursing home must face a pandemic-era negligence suit that does not allege COVID missteps alone but rather broader infection control lapses, a New York appeals court has ruled. The judge’s decision limits the reach of immunity the state granted...
Law Firms Pumped Millions into NY Campaigns as Lawmakers Made it Easier to Sue: Report
Trial lawyers pumped millions of dollars into the campaign coffers of New York politicians in a push to expand laws that made it easier to file lawsuits, according to a business advocacy group analysis. The top 20 plaintiffs’ law firms donated $4.7 million to New...
October 2023 Newsletter
Liability reform elevated to presidential debate state Earlier this month, one presidential candidate offered up a tried and true way to improve access to patient care while lowering costs for Americans — through medical liability reform. A Wall Street Journal...
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. |