Establishes the health care courts pilot program

BILL NUMBER:S3437

Title of bill

An act to amend the civil practice law and rules, in relation to establishing the health care courts pilot program

Purpose

The purpose of the bill is to create a more efficient and fair adjudication of medical liability suits.

Summary of provisions

*Section 1 of the bill would create a new Article 44-A of the Civil practice Law and Rules to establish a pilot program to authorize the Office of Court Administration to set up specialized "medical courts" to adjudicate medical liability actions within five counties across New York State. Such courts would use specially trained judges and objective independent medical expert witnesses, but would otherwise not interfere with the statutory process for adjudicating an action for medical, dental or podiatric malpractice.

Justification

This legislation would permit the creation of special courts to hear medical malpractice cases in up to five counties in New York state. Such courts would use specially trained judges who could call independent expert witnesses to provide greater clarity to the jury regarding the specific care that is the subject of the lawsuit. Such courts hold the promise of improving the reliability of the system of resolving medical liability disputes, which could ultimately result in reducing the cost of medical liability insurance for physicians and hospitals. Importantly for injured plaintiffs, the bill would not impact upon the damages that such plaintiff could receive.

This bill would take important steps to reduce the increasingly unaffordable cost of medical liability insurance by better facilitating an objective analysis of medical liability disputes without limiting the ability of a plaintiff to bring an action or to be compensated for negligent actions on the part of health care providers.

Legislative history

New bill.

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.