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Medical Malpractice

Health Care News In-Depth Articles
- Medical Malpractice Reform: Limiting Contingent Fees 162 KB (updated May 31, 2011)
- Medical Malpractice Reform: Disclosures, Apologies, and Early Offers of Compensation 211 KB (March 8, 2010)
- Medical Malpractice Reform: Improving The Dispute Resolution System 102 KB (February 8, 2010)
- Medical Malpractice Reform: The Costs of Defensive Medicine 102 KB (January 25, 2010)
- Medical Malpractice Reform: Neurologically Impaired Newborns 114 KB (January 11, 2010)
- Malpractice System Needs Reform, Too 217 KB (October 19, 2009)
Damaging NYS Medical Malpractice Bills
- GNYHA Strongly Opposes Damaging Medical Malpractice Bills 130 KB (May 2011)
Attorney Contingent Fees
There are currently two types of proposals put forward by the trial lawyer associations. The first proposal would eliminate the existing attorney fee schedule entirely and replace it with a flat one-third across the board fee. The second proposal would modify (increase) the fee bands contained in the attorney fee schedule.
- Elimination of Fee Schedule
  - GNYHA Opposition to Modifying the Plaintiff Attorney Fee Schedule for Medical Malpractice Cases 42.8 KB (GNYHA Position Paper, updated May 14, 2009)
    - Medical Malpractice Plaintiff Attorney Contingent Fees Current vs. Proposed 61.5 KB (GNYHA Chart)
  - GNYHA Request for Advocacy to Oppose Proposed Increase in Plaintiff Attorney Fees for Medical Malpractice Cases 3.4 MB (ML-41, March 26, 2009)
- Increasing the Fee Bands
  - The Severe Negative Impact of Increasing the State’s Statutory Contingency Fee Schedule 45.0 KB (GNYHA Position Paper, updated May 14, 2009)
    - Medical Malpractice Plaintiff Attorneys' Fee Schedule Current vs. Proposed 12.4 KB (GNYHA Chart)
Statute of Limitations
- GNYHA Opposition to Extension of New York State’s Statute of Limitations for Medical Malpractice Actions 145 KB (GNYHA Position Paper, updated May 17, 2011)
- GNYHA Statement of Opposition 115 KB A.4852/S.5242 (May 17, 2011)
  A.4852 / S.5242 would amend the statute of limitations for medical, dental or podiatric malpractice to include a discovery of negligent act or omission rule
  - A.4852 / S.5242 (Bill Text)
- State Medical Liability Laws 2007 (National Conference of State Legislatures Committee on Law & Criminal Justice)
General Obligations Law, Section 15-108
A.0625 would provide in tort cases when one defendant has settled, that remaining defendants must elect, prior to trial, whether to reduce any resulting liability by the amount of the settlement or by the equitable share of damages delegated to the settler in the verdict.
- GNYHA Statement of Opposition A.0625/S.3766 81.5 KB (May 31, 2011)
  - A.0625/S.3766 (Bill Text)
Arons (Ex-Parte Interviews of Later Treating Physicians)
Both S.3203-A/A.1254-A and S.1514 would prohibit interviews of other parties’ treating physicians or health care providers in personal injury medical, dental, or podiatric malpractice or wrongful death actions.
- GNYHA Statement of Opposition: S.3203-A/A.1254-A 170 KB (May 16, 2011)
  - A.694-A/S.3296-A (Bill Text)
- NYS Court of Appeals Decision in Arons Case
- Some in Albany Seek to Block Health Care Providers From Interviewing Plaintiffs’ Doctors in Malpractice Cases 52.6 KB (June 13, 2010)
  GNYHA/1199 SEIU Statement on Bill to Repeal Arons
Testimonies
- Testimony of Greater New York Hospital Association on Medical Malpractice Reform 183 KB (Testimony Before the New York State Senate Standing Committee on Insurance, Committee on Health, and Committee on Codes, December 1, 2009)
Federal Reform
- Ensuring That Health Reform Includes Medical Malpractice Reform 15.9 KB (GNYHA Position Paper, December 2, 2009)
- Ensuring That Health Reform Includes Reforming the Medical Malpractice System 35.0 KB (GNYHA Briefing Paper, updated June 16, 2009)