The New York Chapter of the American College of Emergency Physicians strongly supports S.3035/ A.5674. This bill would enact the Medical Liability Reform Act to bring balance and fairness back to New York State's failed civil justice system with regard to medical malpractice cases.

This legislation would enact, in a single bill, many of the reform provisions that we believe are necessary to restore fairness to the adjudication of medical malpractice claims, including:

• A $250,000 cap on non-economic damages;
• A requirement that the certificate of merit accompanying a medical malpractice lawsuit also include a signed affidavit from the physician who has indicated that there is a reasonable basis for the lawsuit to go forward;
• A repeal of the law that permits the plaintiff's attorney to shield the identification of an expert witness to appear in a medical malpractice lawsuit; and
• A reform of the joint and several liability rule to ensure that a defendant is only liable for their proportionate share of damages in a lawsuit.
• The cost of medical malpractice lawsuits in New York State has increased dramatically over the last several years. Such costs have driven malpractice insurance premiums up for health care professionals and driven up the cost of health care for the public. This bill addresses medical malpractice liability reform in several important ways.

The bill provides a true mechanism for removing frivolous claims from the dockets of New York's courtrooms. The number of claims being advanced in the state which lack merit will be significantly reduced, by adding the requirement of an affidavit of merit, signed by a physician, and providing a judge with the authority to remove a malpractice claim for failure to comply with these requirements.

Further, in an effort to bring down the amount of judgments in medical malpractice claims, the bill provides for a $250,000 cap on non-economic damages. In 1975, both California and New York State enacted reforms to deal with the crisis that existed due to the alarming rise in medical liability premiums. However, New York did not include a limitation on non-economic damages. Today, medical liability premiums for physicians in California are consistently 50-60% lower than those paid by physicians in New York. All experts agree that the non-economic loss limitation was the cornerstone in California's successful reform package.

The costs of medical malpractice litigation hit every New Yorker. The need for reform is clear. The New York Chapter of the American College of Emergency Physicians, representing over 1,500 physicians throughout the State, strongly supports the Medical Liability Reform Act and urges the passage of this legislation this session.