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History
- Referred to judiciary
- Committee discharged and committed to judiciary
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:S637
Title of bill
An act to amend the civil practice law and rules, in relation to limiting the personal liability of obstetricians-gynecologists and midwives in certain cases, the qualifications of expert witnesses who testify in personal injury actions against such professionals, and the appeal of verdicts rendered therein; to amend the state finance law, in relation to establishing the impaired infant compensation fund; to amend the social services law, in relation to the eligibility of impaired infants for the cost of medical assistance; and to amend the public health law, in relation to professional misconduct and physician profiles
Summary of provisions
Section 1 - Adds article 75-B to the civil practice law and rules to limit an obstetrician gynecologist's or midwife's personal liability in certain malpractice verdicts when alleged negligence or other misconduct caused an injury to an infant prior to, during, or immediately after the infant's birth. This article does not change the total amount of the verdict for economic and non-economic damages, but instead limits the personal liability of such physicians and midwives to $250,000 participation in the total verdict, if the trustees of the Impaired Infant Compensation Fund created in this act determine that the excess of the verdict over that amount shall be paid from the fund. If the fund does not choose to pay the excess verdict, there is no limit on the liability of the physician or midwife. In a settlement proceeding, the bill allows the fund to pay up to $2,050,000, or up to an additional $750,000 if the settlement includes actual economic damages and non-economic damages including future medical and services costs, contingent on the plaintiff agreeing to accept the settlement as final.
Read the full memo (626 words)
Section 2 - Establishes the impaired infant compensation fund, a special fund under the custody of the state comptroller from which that portion of a judge or jury's verdict award in a medical malpractice action against an obstetrician or gynecologist in excess of $250,000 shall be paid provided such physician qualities pursuant to the terms of such section.
Section 3 - Adds new title 11-E to article 5 of the social services law to provide for a medical care and assistance program for infants who were injured as a result of negligence or other misconduct of an obstetrician or gynecologist.
Section 4 - Adds a new subparagraph (iv) to paragraph (e) of subdivision 1 of section 2995-a of the public health law.
Section 5 - Adds new subdivision 10-a to section 230 to the public health law relating to expert witnesses, fining them a minimum of $50,000 if their testimony fails to meet professional clinical standards.
Section 6 - Enacts a severability clause.
Justification
Skyrocketing medical malpractice insurance premiums assessed upon obstetricians and gynecologists threaten the continued availability of their services to the families of this state. This bill would enact measures which limit an obstetrician or gynecologist's personal liability in certain cases. The bill would provide that a source of payment be instituted to provide for the future care and support of impaired infants by establishing the special program of state assistance herein constituted. By the enactment of these provisions, the availability of the future medical services to families will be insured in this state.
Legislative history
S.5365-A of 2004, Referred to Rules; S.2209-A of 2005-06, Referred to Rules; 2007-08 Referred to Codes; S.2744 of 2009-10, Referred to Codes
Fiscal implications
Minimal cost to the judicial and social services systems will be offset by reduced health care costs due to exorbitant medical malpractice insurance premiums.
Effective date
This act shall take effect immediately, and apply to any cause of action which accrued prior to the effective date but for which a verdict has not been rendered, or which accrues after the date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.