Bill > S01608

This bill introduces several significant changes to medical malpractice and professional negligence litigation in New York. First, it expands the existing requirement for a "certificate of merit" to cover not just medical, dental, and podiatric malpractice, but all professional negligence actions, mandating that attorneys consult with an expert in the same professional field and obtain an affidavit confirming a reasonable basis for the lawsuit. The bill also modifies expert witness disclosure rules, requiring parties in medical and professional malpractice cases to fully disclose expert witness information. Additionally, the legislation limits judgments for damages, particularly for future pain and suffering, by establishing a cap of $250,000 on noneconomic damages and creating a structured payment system for damages exceeding that amount. The bill further reduces the percentage rates for attorney contingent fees in medical malpractice and personal injury cases, lowering them from the previous schedule. These changes aim to potentially reduce medical malpractice litigation costs, ensure more rigorous pre-lawsuit expert review, and create more predictable damage award structures. The provisions will apply to actions commenced and retainer agreements executed after the bill's effective date.

Justice

https://www.nysenate.gov/legislation/bills/2025/S1608