What's happening
This bill increases and simplifies the maximum allowable contingency fees for attorneys in medical, dental, and podiatric malpractice cases, eventually aligning them with general personal injury and wrongful death actions after 2020.
Why it matters
Levels the playing field for malpractice plaintiffs. By raising and standardizing contingency fee limits, the bill could make it more financially viable for attorneys to take on complex or expensive malpractice cases, potentially improving access to legal representation for injured patients.
Reduces complexity and unpredictability. The new, simplified fee structure eliminates the old, multi-tiered, sliding-scale system, making it easier for clients to understand how much of their award might go to legal fees and for attorneys to calculate their compensation.
Aligns malpractice cases with other injury claims. After 2020, malpractice contingency fees will be governed by the same rules as general personal injury and wrongful death cases, ending the historical practice of treating medical-related claims differently and possibly reducing administrative burden or confusion.
May impact settlement dynamics and defense strategies. Higher and more predictable attorney fees could incentivize more aggressive pursuit of claims, potentially leading to more cases being filed, larger settlements, or changes in how insurers and healthcare providers defend malpractice suits.
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Limit Malpractice Lawyer Fees
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Malpractice Lawyer Fees
In Senate Committee · Judiciary · Sponsor John A. DeFrancisco
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8521
2017-2018 Regular Sessions
IN ASSEMBLY
June 18, 2017
Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to the maximum allowable amount of contingency fees in medical, dental and podiatric malpractice actions; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 474-a of the judiciary law, as amended by chapter 485 of the laws of 1986, is amended to read as follows:
2. Notwithstanding any inconsistent judicial rule, a contingent fee in a medical, dental or podiatric malpractice action shall not exceed the amount of compensation provided for in the following schedule for cases decided prior to December thirty-first, two thousand eighteen:
30 percent of the first [$250,000] $500,000 of the sum
recovered;
[25 percent of the next $250,000 of the sum recovered;
20] 25 percent of the next $500,000 of the sum recovered;
[15] 20 percent of the next $250,000 of the sum
recovered;
[10] 15 percent of any amount over $1,250,000 of the sum
recovered;
and notwithstanding any inconsistent judicial rule, a contingent fee in a medical, dental or podiatric malpractice action shall not exceed the amount of compensation provided for in the following schedule for cases decided from January first, two thousand nineteen through December thirty-first, two thousand nineteen:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13270-02-7
A. 8521 2
30 percent of the first $1,000,000 of the sum recovered;
25 percent of the next $250,000 of the sum recovered;
20 percent of any amount over $1,250,000 of the sum recovered;
and notwithstanding any inconsistent judicial rule, a contingent fee in a medical, dental or podiatric malpractice action shall not exceed the amount of compensation provided for in the following schedule for cases decided from January first, two thousand twenty through December thirty-first, two thousand twenty:
30 percent of the first $1,250,000 of the sum recovered;
25 percent of any amount over $1,250,000 of the sum recovered;
and after December thirty-first, two thousand twenty, contingency fees in medical, dental and podiatric malpractice actions shall be governed by the rules applicable to all other personal injury and wrongful death actions.
§ 2. Subdivisions 3, 4 and 5 of section 474-a of the judiciary law are REPEALED.
§ 3. This act shall take effect immediately; provided, however, that section two of this act shall take effect January 1, 2021.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.