Recent New York News
March 2021 Newsletter
Personal injury lawyers spend heavily to solicit COVID-19 claims Television advertisement spending in the latter half of 2020 highlights just how aggressively personal injury lawyers are soliciting COVID-19 liability claims and plaintiffs. In a report compiled by the...
Protect health-care workers from COVID litigation: A plaintiff’s attorney says medical professionals should be shielded
SOURCE: New York Daily News As a plaintiff’s attorney for four decades and past president of the New York State Trial Lawyers Association, I support medical malpractice litigation. In fact, I believe medical professionals should be held to a higher standard than...
May 2020 Newsletter
HCLA presses Congress to pass COVID-19 liability protections As the need for federal action in support of pandemic responders builds, the Health Coalition on Liability and Access is taking an active role in pressing Capitol Hill on the importance of incorporating...
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. |