130.957 MSSNY Position on Medical Liability Reform:
MSSNY’s current position on Medical Liability Reform is to be amended to also include the following:
- An “Early Disclosure” pathway consisting of: early disclosure of medical errors with non-discoverability of statements of remorse; an administrative compensatory reimbursement system for error induced damages; and development of an accurate means of data collection to facilitate learning and quality enhancement; and
- A Medical Court pathway to be used to adjudicate medical liability claims where an early disclosure pathway is not used; with an administrative compensatory method of reimbursement for error induced damages; and development of an accurate means of data collection so as to facilitate learning and quality enhancement.
In addition, MSSNY will work with:
- New York State licensed medical liability carriers and, as necessary, the Governor and the State Legislature, to establish a pilot program for early disclosure programs and medical courts.
- New York State licensed medical liability carriers to determine if the early disclosure and medical court programs can be established in such a way as to assure the resolution or adjudication of claims within one year. (Council 11/19/09; Reaffirmed HOD 2019)
