80.999 Professional Conduct Review: The basic principles of a fair and objective hearing should be accorded to the physician whose professional conduct is being reviewed. These basic guarantees are: a specific charge, adequate notice of hearing, and opportunity to be present and to hear the evidence, and to present a defense. These principles apply
80.998 Medical Courts for Medical Liability Cases: MSSNY seeks the creation of medical courts which are composed of judges who have undergone specialty training and have been certified to hear medical liability cases. (HOD 2007-51; Reaffirmed HOD 2010-64; Reaffirmed HOD 2020)
80.997 Use of Expert Testimony: MSSNY continues to advocate for meaningful reform regarding the use of expert testimony, including but not limited to: (1) requiring pre-trial disclosure of the identity of experts; (2) requiring the deposing of experts; (3) requirements that experts have a similar specialty, clinical background, and be in active practice similar
80.996 Bifurcation of Trial: MSSNY will seek legislation to require bifurcation of trial in all medical liability cases. (HOD 2007-53; Reaffirmed HOD 2017)
80.995 Support the “Sorry Works” Program: MSSNY supports the “Sorry Works” Program which also protects against the use of the physician’s admission against interest in a subsequent lawsuit as long as it is accompanied with meaningful tort reform and also urge the American Medical Association to support the Program. (HOD 2008-97; Reaffirmed HOD 2018)
80.994 Expungement of Record of Liability: MSSNY will seek legislative, regulatory or other appropriate means to eliminate the requirement for a physician to report any information regarding a medical liability claim brought against him or her that has been concluded without monetary or other pecuniary relief being paid on behalf of that physician. (Council 11/20/08;
80.993 Collaboration with the Bar Association on Apology Legislation: MSSNY will: -support collaborative efforts with the American Bar Association (ABA) and the New York Bar Association to pursue legislation to protect statements of apology, confessions of regret, or admission of errors to patients and/or their families regarding less than anticipated clinical outcomes from being admissible
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 the jury’s award for pain and suffering would be capped at $250,000; if the plaintiff’s attorney considered the award insufficient, he/she would be permitted to
80.991 Free John Natale, MD The Medical Society of the State of New York sent a letter to the Natale Family outlining MSSNY’s opposition to the criminalization of good faith errors in medical judgment and record keeping. The Council approved a resolution to the AMA which was adopted and amended AMA policy H-160.954 to read:
80.990 Pardon Dr. John Natale The Medical Society of the State of New York will petition President Donald J. Trump for the purpose of obtaining a pardon for Dr. Natale, offering some solace for the loss of his career and good name. (HOD 2019-204)
