Recent New York News
October 2021 Newsletter
Strong support for Good Samaritan legislation Following the introduction of the bi-partisan Good Samaritan Health Professionals Act last month in the House of Representatives, strong support led to a companion bill in the Senate. Senators Bill Cassidy, M.D. (R-LA) and...
Letter: Reforms needed in medical liability
SOURCE: Albany Times Union New York lawmakers and their appointees to the Health Care Simplification Workgroup missed a key opportunity to resuscitate the Empire State’s ailing medical liability environment. The report delivered to the state Legislature that...
April 2021 Newsletter
Increasing liability premiums dim post-pandemic outlook As health care professionals look ahead to post-pandemic care, rising liability insurance premiums create an uncertain future and dimming hopes of a swift recovery. After holding steady for over a decade, new...
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. |