Health Justice Transformation - New York

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

Yes for non-economic damages. Defendants are responsible only for their proportional share of negligence if they are found to be 50% or less liable. Defendants can be jointly and severally liable for economic damages.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Collateral sources of payment are admissible as evidence and must reduce the award by the amount received. Such reduction shall be offset by premiums paid by the plaintiff for two years preceding the action and projected future costs of maintaining the benefit.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Future damages over $250,000 must be paid periodically.

Limitation of Plaintiff’s Attorneys Fees

Yes. Fees are capped at 30% of the first $250,000; 25% of the next $250,000; 20% of the next $250,000; 15% of the next $250,000; and 10% of award of $1.25 million or more.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Defendants may concede liability and agree to arbitration of damages.

Standards for Expert Testimony/Witness

Expert testimony is required unless within the ordinary experience and knowledge of lay person, negligence is apparent.