Trial Lawyers on the Loose in the Capital

LRANY Urges Strong Opposition to Trial Lawyer Payday Bill

Senate Bill 3766 (Bonacic) and Assembly Bill 625 (Weinstein) are on the floor in their respective houses, and may pass as soon as today. Disguised as a minor legal change, this legislation would unjustly force a non-settling defendant to make critical and costly decisions without necessary information.  Worse, the bill opens a loophole where a plaintiff could receive more than a jury has awarded.  A few key facts about this legislation:
  •  Pressures on defendants to settle – those who do not settle must roll the dice and risk paying more than their fair share.
  • According to Greater New York Hospital Association estimates, the bill would raise medical liability costs by 5%, or $80 million.
  • Would make it less likely for a doctor or hospital to take a case to trial, even if they have a strong case.
  • This bill would increase the number of malpractice cases which are settled, which is unnecessary. Currently, 90% of malpractice cases are settled because going to trial is extremely costly. In fact, 28 percent of medical malpractice cases are settled in the absence of any proof of negligence.

This legislation is a sop to the Trial Bar and would reduce the tort system to a gamble, increasing costs to taxpayers, doctors, and hospitals while enriching trial lawyers. Already listed as a “Crisis State” for medical liability by the American Medical Association, this legislation would exacerbate the situation by encouraging doctors to flee the state, driving up healthcare costs, and ultimately impacting New Yorkers’ ability to access care.

Please send a message to your elected legislator by clicking here!  Tell them that New York can’t afford to keep making life better for the trial lawyers.

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