New York Senator Lobbies To Get Rid Of Caps On Lawyer Malpractice Fees

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Posted on 27th March 2011 by gjohnson in Uncategorized

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The hot-potato topic of medical malpractice is stirring up controversy in New York State.

In this instance, the brouhaha is over an alleged conflict of interest on the part of state Sen. John DeFrancisco, R-Syracuse, who is chairman of the Finance Committee as well as serving “of counsel” for a medical-malpractice law firm, DeFrancisco & Falgiatano, according to the New York Post,   

http://www.nypost.com/p/news/local/lawyer_pol_bids_for_higher_malpractice_0uP9h1C93p5NNF6H9wXe7O

DeFrancisco has been supporting a bill that would abolish a cap on legal fees in medical malpractice cases, the Post reported.

Some watchdog groups claim that putting an end to limits on attorney contingency fees will cause malpractice-insurance premiums to skyrocket and will mean smaller payouts to patients. I think this is a kneejerk reaction.

New York Gov. Cuomo is advocating that there be  $250,000 cap on “pain and suffering awards,” which he claims will reduce malpractice costs by $700 million. Right now New York lawyers have caps on how much of their clients’ award they can keep.

Currently attorneys can get up to 30 percent of judgments below $250,000, the Post reported, but not any more than 10 percent of awards that are larger than $1.25 million. The bill that DeFrancisco supports would throw out those limits.    


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

1 Comments
  1. Thomas Sharon, R.N., M.P.H. says:

    How to Tell When You Have a Case Before You Hire Your Experts.

    With the hundreds of thousands of unexpected deaths and injuries arising out of hospital mistakes each year, there is no shortage of people who contact attorneys with a complaint of a treatment or hospital stay gone awry. However, as everyone knows, case screening is a costly process and unless one has a track record of settling most of the cases with more wins than losses at trial, the screening methodology needs some overhaul. Thus, we shall look at some of the lesser known ways of determining whether a potential client’s complaint about hospital or nursing facility services has any merit. Hence, we need to know that in all hospitals and long term care institutions there is a twenty-four hour responsibility for everything, i.e. medication, nutrition, hydration, electrolyte balance, safety, civil rights, mental well-being, circulation, elimination, hygiene, mobility, infection prevention and the environment, to name a few. It all boils down to the nursing process because the nursing department is involved as the patients advocate in all aspects of care. Therefore, one must know what duties the nurses owe their clients. The key to understanding the nurses’ obligations in any given scenario is in the nursing process. This entails assessment, action and follow-up. Read more at http:nursetom.com

    27th March 2011 at 10:46 pm

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