Recent New York News
Malpractice Risks for Docs Who Oversee NPs or PAs
Court cases show that physicians continually underestimate their liability in supervising nurse practitioners (NPs) and physician assistants (PAs). Even in states that have abolished requirements that NPs be physician-supervised, physicians may still be liable...
January 2023 Newsletter
Liability Reform Builds Momentum in Iowa With support from the governor and a favorable legislative climate, momentum for medical liability reform is building in Iowa — a state facing threats to patient access to care. The Iowa Medical Society is capitalizing on the...
Another Voice: Grieving Families Act will harm New York’s health care system
SOURCE: The Buffalo News Gov. Kathy Hochul is contemplating a measure that would significantly alter New York’s wrongful death laws. As written, the “Grieving Families Act,” (S74A) would adversely impact all areas of liability, including medical liability, and...
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. |