New York Lawmakers Reject Medical Malpractice Damages Cap

Despite the fact that New York Governor Cuomo’s team of experts recommended a $250,000 cap on non-economic damages in medical malpractice lawsuits, the NY med mal cap was not part of the state budget agreement reached this week in Albany.

Opponents of that aspect of the New York medical malpractice reform bill said that they doubted that a cap on damages would save $420 million as the task force estimated – and that putting a cap on non-economic damages takes money away from those who have been seriously and permanently injured through doctor mistakes and hospital errors. Others believe that the medical malpractice caps would simply be unconstitutional.

While medical malpractice caps will not become a reality in New York, other legislation, such as the start of a new fund for babies who suffer birth injuries, have survived. All in all, the proposed budget cuts total New York State spending on Medicaid by $2.8 billion.