Bill Text: NY A08521 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the maximum allowable amount of contingency fees in medical, dental and podiatric malpractice actions and repeals certain provisions of law relating thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A08521 Detail]

Download: New_York-2017-A08521-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8521
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 18, 2017
                                       ___________
        Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
          Committee on Judiciary
        AN ACT to amend the judiciary law, in relation to the maximum  allowable
          amount  of  contingency fees in medical, dental and podiatric malprac-
          tice actions; and to repeal certain provisions of  such  law  relating
          thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 474-a of  the  judiciary  law,  as
     2  amended  by  chapter  485  of  the  laws  of 1986, is amended to read as
     3  follows:
     4    2. Notwithstanding any inconsistent judicial rule, a contingent fee in
     5  a medical, dental or podiatric malpractice action shall not  exceed  the
     6  amount  of compensation provided for in the following schedule for cases
     7  decided prior to December thirty-first, two thousand eighteen:
     8       30 percent of the first [$250,000] $500,000 of the sum
     9       recovered;
    10       [25 percent of the next $250,000 of the sum recovered;
    11       20] 25 percent of the next $500,000 of the sum recovered;
    12       [15] 20 percent of the next $250,000 of the sum
    13       recovered;
    14       [10] 15 percent of any amount over $1,250,000 of the sum
    15       recovered;
    16  and notwithstanding any inconsistent judicial rule, a contingent fee  in
    17  a  medical,  dental or podiatric malpractice action shall not exceed the
    18  amount of compensation provided for in the following schedule for  cases
    19  decided from January first, two thousand nineteen through December thir-
    20  ty-first, two thousand nineteen:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13270-02-7
        A. 8521                             2
     1       30 percent of the first $1,000,000 of the sum recovered;
     2       25 percent of the next $250,000 of the sum recovered;
     3       20 percent of any amount over $1,250,000 of the sum recovered;
     4  and  notwithstanding any inconsistent judicial rule, a contingent fee in
     5  a medical, dental or podiatric malpractice action shall not  exceed  the
     6  amount  of compensation provided for in the following schedule for cases
     7  decided from January first, two thousand twenty through  December  thir-
     8  ty-first, two thousand twenty:
     9       30 percent of the first $1,250,000 of the sum recovered;
    10       25 percent of any amount over $1,250,000 of the sum recovered;
    11  and  after  December thirty-first, two thousand twenty, contingency fees
    12  in medical, dental and podiatric malpractice actions shall  be  governed
    13  by  the rules applicable to all other personal injury and wrongful death
    14  actions.
    15    § 2. Subdivisions 3, 4 and 5 of section 474-a of the judiciary law are
    16  REPEALED.
    17    § 3. This act shall take effect immediately; provided,  however,  that
    18  section two of this act shall take effect January 1, 2021.