Monetary Limits On Medical Malpractice Awards in New York State

 One of the latest debates being held in Albany New York is whether there should be monetary limits on pain and suffering awards for medical malpractice lawsuits in New York State. What if someone who is dear to you is the victim and whose health and life is destroyed by the negligence or misconduct of a hospital's medical staff or doctor? What if it is you? Does it make you uneasy that the legislature in Albany is presently debating a bill in support of an award of $250,000.00 as being the maximum compensation for pain and suffering in medical malpractice cases? Is it right to set a limit on pain and suffering damages? Who wins and who loses?

The possibility of this major change is the result of Governor Cuomo's Medicaid Redesign Team whose task is to recommend savings practices and make changes in existing programs in order to meet the guidelines for the Governor' Medicaid expenditures cutoff amount of about $15.1 billion. Supporters of the $250,000.00 cap on medical malpractice pain and suffering claims express enthusiasm over being able to save a considerable amount on malpractice insurance premiums and of course reduce Medicaid related expenses. Naturally, most New York plaintiff medical malpractice attorneys are against the proposed changes to the law.

Another opinion on the matter illustrates how a medical institution could be instrumental in the mitigation of medical malpractice lawsuits by creating a system that protects the patients, hospital administration and medical team. A supporter of such a system is Dr. Amos Grunebaum who touts praise for the initiative taken by New York Presbyterian Hospital/Weill Cornell in their implementation of an extensive obstetrics safety program. Details of the program implemented by said hospital are found in Dr. Amos Grunebaum's report published in the February issue of the American Journal of Obstetrics & Gynecology. Dr. Grunebaum's point of view places emphasis on said hospital's proactive measures taken to provide medical staff with a protocol aiming to saves lives in life threatening hospital situations, set a foundation for the safety of patients, create accountability and medical team cohesiveness by replacing written records with a computerized patient care log, and to employ a solution that addresses the precarious nature of a doctor's excessive work hours and how it may adversely affect patient care. While those measures may require the hospital to incur an expense to instate the procedures and hire necessary staff the long term benefits outweigh the initial cost.

Finally another unintended outcome of this proposal if it is effectuated in New York State's legislature is the further denigration of health care provided by underfunded and overextended medical facilities. According to a New York medical malpractice lawyer, "if hospitals and doctors provide services with the knowledge that their liability for pain and suffering is capped at $250,000.00 then it might create an environment where procedures are not handled with the utmost care thereby endangering the quality of treatment and resulting in irreparable and irrecoverable medical injury to the most defenseless citizens."