80.992             Proposal for a “Two-Tier” Pain and Suffering System in Medical  Liability Cases:

MSSNY will seek legislation creating a two-tier pain and suffering award system for medical liability cases whereby

  1. the jury’s award for pain and suffering would be capped at $250,000;
  2. if the plaintiff’s attorney considered the award insufficient, he/she would be permitted to file a motion with the judge for a post-verdict modification;
  3. the judge would be permitted, in the interests of justice, to adjust all aspects of the award, including pain and suffering; and
  4. the judge’s decision regarding any pain and suffering award would not be limited to the $250,000 cap. (HOD 2010-63; Reaffirmed HOD 2019 in lieu of res 102)