Office of the President
Dear Lucas:
Proposal to cap non-economic damages in
medical malpractice actions DEFEATED
I am pleased to provide you with this report on a topic that attracted a great deal of attention among State Bar members - legislation relating to medical malpractice that was proposed by the Governor's Medicaid Redesign Team ("MRT"). During his State of the State address on January 5, Governor Cuomo announced that, "[w]e need to redesign the Medicaid program." Consequently, the Governor created the MRT, to "find efficiencies in the program so we actually provide a better service for less money." The MRT was said to include "stakeholders," who would re-invent the Medicaid program as part of the 2011-12 state budget due to be in place by April 1.
The MRT was focused on achieving savings by making significant changes to the civil justice system related to medical malpractice lawsuits, namely instituting a $250,000 cap on non-economic damages and establishing a neurologically impaired infant fund.
The Association has long opposed such a cap. Further, we objected to the MRT's proposals to change the civil justice system because the MRT did not include representatives of groups most familiar with the civil justice system.
We worked diligently to promote the State Bar position and to attract public attention to the debate through numerous media interviews, opinion-editorials, and letters to various media outlets. President-Elect Vincent Doyle and I met on this issue with Senate Majority Leader Skelos and his Counsel, Assembly Speaker Silver and his Counsel and many other members of both the Assembly and the Senate. In addition, former NYSBA President John Bracken testified before the Joint Legislative Hearing on the Health Budget, effectively carrying the Association's message on this issue to the Legislature. We also enlisted our members to send messages to our State leaders expressing our concerns.
The Governor and the Legislature agreed to eliminate from the final budget the proposal regarding the cap on non-economic damages. Further, although the final budget legislation will include provisions establishing a fund relating to claims on behalf of neurologically impaired infants, many of the proposal's most troubling provisions have been revised. This bill was passed by both houses of the Legislature on March 30, 2011.
During this project, many State Bar members contacted me and other members of the NYSBA leadership to urge that we strongly oppose these proposals to change the law of medical malpractice as part of so-called "Medicaid re-design" and the State Budget. I am pleased that we were able participate actively in this important debate and that State policymakers paid close attention to our concerns.
Thank you to the many State Bar members who assisted in this effort.
Governor and Legislature Agree to Cut Judiciary Budget
In contrast to the report above, developments regarding the State Judiciary's Budget are much more troubling.
The Great Recession has had a devastating impact on all sectors of New York's economy. We in the legal profession are keenly aware of the difficulties suffered by our clients and the impact on our firms. Chief Judge Jonathan Lippman also recognized the need to address the new economic reality, agreeing to reduce the Judiciary Budget by $100 million. Despite the Chief Judge's unprecedented action, he assured leaders of the legal profession that his proposed budget cuts would not result in closing courtrooms and cutting courtroom personnel.
Earlier this week, as the Governor and the leaders of the Legislature finalized an agreement to pass an on-time State Budget, we were surprised and disappointed to learn that an additional $70-million reduction would be imposed on the Judiciary's Budget.
We are very concerned about the impact that this $170-million cut will have on the operation of New York's courts.
The court system ought to be adequately funded to ensure access to justice for all New Yorkers, including the poor, the weak, and the vulnerable. The recession has led to a major increase in filings in our State's courts which have resembled the hospital emergency room of our justice system. Protecting access to justice ensures the public's trust and confidence in our justice system, and maintains a critical element of our democratic government.
As the Office of Court Administration implements the new budget, we will urge that all possible steps be taken to maintain the operation of the court system, so that the public and the legal profession have adequate access to the courts.
Best regards,
Stephen P. Younger
President, New York State Bar Association
Patterson Belknap Webb & Tyler LLP