Recent New York News
September 2022 Newsletter
Venue shopping sprees to return to Pennsylvania The Pennsylvania Supreme Court has reversed a rule in place for two decades that maintained liability lawsuits should be filed in the jurisdiction where the alleged negligence occurred, inviting personal injury lawyers...
Medical society leaders: NY’s new liability law threatens access to care
SOURCE: Syracuse.com To the Editor: Two and a half years since the start of the Covid-19 pandemic, medical professionals in New York are faced with the possibility of another crisis — this time not from any disease, but from legislation under consideration in Albany...
August 2022 Newsletter
Fixing the Ill Effects of New Mexico's Liability Changes While efforts in 2021 to modernize medical liability laws in New Mexico were well-intended, the aftereffects have left a gap in coverage for hospitals and outpatient health care facilities (OPHCFs) that requires...
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. |