Recent New York News
Risks of Dusting Off the Scrubs
SOURCE: The National Law Review As the country ramps up to contain the rapid spread of COVID-19, the governors of New York and Colorado have called on former health care workers to support health systems stressed by the coronavirus. Doctors and nurses, for example,...
March 2020 Newsletter
In this time of uncertainty and rapidly changing developments regarding the COVID-19 pandemic, we express our thanks and appreciation for those who continue to work at the front line of our health care systems. The HCLA and Protect Patients Now remain committed to...
Stimulus Bill Would Boost Liability Protection for Volunteer Docs
SOURCE: Bloomburg Law The embattled Senate stimulus package, if approved, would remove a troubling legal barrier by providing limited liability protection for doctors and other caregivers who volunteer across state lines during the coronavirus emergency. The mammoth...
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. |