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Association's opposition to, and mischaracterization of, the medical malpractice proposals in the
Medicaid Redesign Team’s recommendations.
Under the MRT proposals, plaintiffs would still have their day in court—malpractice cases
would not be removed from the courtroom—and they would still receive the medical care they
need for the rest of their lives.
But the proposals include two changes that will lower costs and improve quality. Instead of lump
sum payments at settlement or trial’s end, the costs of future medical care for neurologically
impaired individuals would be paid as incurred from a new State medical indemnity fund.
Second, non-economic “pain and suffering” damages would be capped at $250,000. The cap
would not apply to medical care and other costs for necessary items.
These proposals will help reduce the unsustainably high cost of malpractice coverage for
providers, improve the quality and availability of services, reduce the incidence of defensive
medicine, ensure that persons with meritorious claims receive fair and adequate compensation,
and improve the fairness and cost-effectiveness of the current liability system.
As attorneys practicing in the health care arena, we speak for thousands of our colleagues who
support medical malpractice reform and Governor Cuomo’s MRT recommendations.
Sincerely,