What's happening
This bill revises disclosure rules for expert witnesses, expands immunity for medical peer review organizations, and changes the limits on attorney contingency fees in medical malpractice cases.
Why it matters
Expert Witness Disclosure Change. The bill eliminates the current exception that allowed parties in medical, dental, or podiatric malpractice cases to withhold the names of their expert witnesses. Now, all information about expert witnesses, including their identities, must be disclosed, which could make it easier for both sides to evaluate and challenge the credibility of opposing experts.
Expanded Legal Immunity for Physician Committees. Physician peer-review committees and their associated medical societies, as well as their agents and employees, are granted broader immunity from civil lawsuits, provided their actions are within the scope of their duties and not malicious. This is intended to encourage more candid peer review and reporting of medical professionals without fear of legal reprisal, potentially improving oversight and patient safety.
Major Changes to Contingency Fee Limits Over Time. The bill raises the caps on attorneys’ contingency fees in medical malpractice cases in several stages through 2020, then removes the special cap altogether after 2020, instead applying the same rules as in other personal injury and wrongful death cases. This could make it more financially feasible for attorneys to take on complex or costly malpractice cases, potentially affecting the number and type of cases brought to court.
Potential Impacts on Malpractice Litigation. By increasing transparency in expert witness disclosure and raising the fee limits for plaintiff attorneys, the bill may shift the balance of power in malpractice litigation, possibly encouraging more plaintiffs to pursue claims and enabling more thorough vetting of expert testimony. Expanded immunity for physician committees may also impact how medical errors and practitioner conduct are reviewed internally.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Limit Malpractice Fees, Protect Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to rules
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6804
2017-2018 Regular Sessions
IN SENATE
June 18, 2017
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the civil practice law and rules, in relation to the scope of disclosure of certain experts; to amend the public health law, in relation to granting immunity from liability to organizations which establish physician committees; 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. Subparagraph (i) of paragraph 1 of subdivision (d) of section 3101 of the civil practice law and rules, as amended by chapter 184 of the laws of 1988, is amended to read as follows:
(i) Upon request, each party shall identify each person whom the party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinions on which each expert is expected to testify, the qualifications of each expert witness and a summary of the grounds for each expert's opinion. However, where a party for good cause shown retains an expert an insufficient period of time before the commencement of trial to give appropriate notice thereof, the party shall not thereupon be precluded from introducing the expert's testimony at the trial solely on grounds of noncompliance with this paragraph. In that instance, upon motion of any party, made before or at trial, or on its own initiative, the court may make whatever order may be just. In an action for medical, dental or podiatric malpractice, a party, in responding to a request, [may omit the names of medical, dental or podiatric experts but] shall be required to disclose all [other] information concerning such experts otherwise required by this paragraph.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02829-06-7
S. 6804 2
§ 2. Paragraph (g) of subdivision 11 of section 230 of the public health law, as added by chapter 426 of the laws of 1983, subparagraphs (ii) and (iii) as amended by chapter 606 of the laws of 1991, subparagraphs (v) and (vi) as added by chapter 582 of the laws of 1984, is amended to read as follows:
(g) (i) Any physician committee of the Medical Society of the State of New York, the New York State Osteopathic Society or a county medical society referred to in subparagraph (ii) of paragraph (c) of this subdivision shall develop procedures in consultation with, and approved by, the commissioner [of the department of health], including but not limited to the following:
[(i)] (A) The committee shall disclose at least once a month such information as the director of the office of professional medical conduct may deem appropriate regarding reports received, contacts or investigations made and the disposition of each report, provided however that the committee shall not disclose any personally identifiable information except as provided in [subparagraph (ii)] clause (B) or [subparagraph (iii)] (C) of this [paragraph] subparagraph.
[(ii)] (B) The committee shall immediately report to the director the name, all information obtained and the results of any contact or investigation regarding any physician who is believed to be an imminent danger to the public.
[(iii)] (C) The committee shall report to the director in a timely fashion all information obtained regarding any physician who refuses to cooperate with the committee, refuses to submit to treatment, or whose impairment is not substantially alleviated through treatment.
[(iv)] (D) The committee shall inform each physician who is participating in a program of the procedures followed in the program, of the rights and responsibilities of the physician in the program and of the possible results of noncompliance with the program.
[(v)] (ii) No member of any such committee; nor the Medical Society of the State of New York, the New York State Osteopathic Society or a county medical society referred to in subparagraph (ii) of paragraph (c) of this subdivision that establishes a committee; nor any agent, servant, representative or employee that provides service to any such committee or society, shall be liable for damages to any person for any action taken by such committee, society, member, agent, servant, representative or employee provided that such action was taken without malice and within the scope of such [member's] individual's function [as a member of] to such committee.
[(vi)] (iii) The committee, in conjunction with the director of the office of professional medical conduct, shall develop appropriate consent forms and disclosure proceedings as may be necessary under any federal statute, rule or regulation in order to permit the disclosure of the information as may be required under [subparagraphs (ii)] clauses (B) and [(iii)] (C) of subparagraph (i) of this paragraph.
(iv) Except as [herein] provided in this paragraph and notwithstanding any other provision of law, neither the proceedings nor the records of any such physician committee shall be subject to disclosure under article thirty-one of the civil practice law and rules nor shall any member of any such committee nor any person in attendance at any such meeting be required to testify as to what transpired thereat.
§ 3. 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
S. 6804 3
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:
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.
§ 4. Subdivisions 3, 4 and 5 of section 474-a of the judiciary law are REPEALED.
§ 5. This act shall take effect immediately; provided however, that section one of this act shall take effect on the thirtieth day after it shall have become a law and shall apply to all actions involving personal injury, medical, dental or podiatric malpractice, or wrongful death filed on and after such date and to all such actions pending on such effective date except as to conduct prohibited by section one of this act which occurred prior to such effective date provided, that the amendments to paragraph (g) of subdivision 11 of section 230 of the public health law, made by section two of this act, shall not affect the repeal of such paragraph, and shall be deemed repealed therewith; and provided, further, that the amendments to subparagraphs (v) and (vi) of paragraph (g) of subdivision 11 of section 230 of the public health law, made by section two of this act, shall not affect the repeal of such subparagraphs, and shall be deemed repealed therewith; provided further, however, that section four of this act shall take effect January 1, 2021.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to the scope of disclosure of certain experts; to amend the public health law, in relation to granting immunity from liability to organizations which establish physician committees; to amend the judici- ary 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
Purpose
This bill would eliminate an exception that expressly allows a party, when responding to a request, to omit the names of medical, dental or podiatric experts. This bill would grant immunity to certain organiza- tions that establish physician committees, and certain related individ- uals. This bill would provide for a new, and increased, schedule of the maximum allowable amount of contingency fees in medical, dental and podiatric malpractice actions.
Summary of provisions
Section one would amend 3101 of the civil practice law and rules to eliminate an exception that expressly allows a party, when responding to a request, to omit the names of medical, dental or podiatric experts.
Read the full memo (702 words)
Section two would amend the subdivision 11 of section 230 of the public health law to grant immunity from liability to certain organizations and certain agents, servants, representatives or employees which provide services to such organizations that establish physician committees. This section would also make certain technical changes to subdivision 11 of section 230 of the public health law.
Section three would amend subdivision 2 of section 474-a of the Judici- ary law to provide for a new schedule of maximum contingent fees for medical, dental or podiatric malpractice actions. The new schedule would be adjusted for cases decided prior to December thirty-first, two thou- sand eighteen, cases decided prior to January first, two thousand nine- teen through December thirty-first, two thousand nineteen, and cases decided from January first, two thousand twenty through December thirty first, two thousand twenty.
Section three would also repeal sections 3, 4 and 5 of section 474-a of the Judiciary law.
Justification
This bill eliminates an exception that allowed parties to avoid disclos- ing the names of medical, dental or podiatric experts, when responding to a request in an action for medical, dental or podiatric malpractice.
The granting of immunity to certain organizations that establish physi- cian committees, and to individuals providing services to such committee or organization, will help ensure these entities and individuals can operate without concerns that their actions might subject them to poten- tial lawsuits and personal liability.
This bill provides for a new schedule of maximum contingency fees in medical, dental or podiatric malpractice actions decided before December 31, 2021. The new schedule would increase the maximum contingency fees that could be charged in such actions, relative to existing law. It has been a significant amount of time since the current schedule of maximum fees was enacted in to law, and while inflation has reduced the value of the dollar over that time period, the statute has not been amended.
Legislative history
New Bill
Fiscal implications
None to the State.
Effective date
§ 5. This act shall take effect immediately; provided however, that section one of this act shall take effect on the thirtieth day after it shall have become a law and shall apply to all actions involving personal injury, medical, dental or podiatric malpractice, or wrongful death filed on and after such date and to all such actions pending on such effective date except as to conduct prohibited by section one of this act which occurred prior to such effective date provided, that the amendments to paragraph (g) of subdivision 11 of section 230 of the public health law, made by section two of this act, shall not affect the repeal of such paragraph, and shall be deemed repealed therewith; and provided, further, that the amendments to subparagraphs (v) and (vi) of paragraph (g) of subdivision 11 of section 230 of the public health law, made by section two of this act, shall not affect the repeal of such subparagraphs, and shall be deemed repealed therewith; provided further, however, that section four of this act shall take effect January 1, 2021.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.