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New York

Recent Reforms Enacted (since 2003) Froze liability premiums (2008 and 2009).
Emergency Care Provision None
Reform Elements In Law Joint Liability
Collateral Source
Attorney Fee Limit
Periodic Payments
Affidavit of Merit
Constitutional Status of Reforms Information not available.
Change in Insurance Rates AMA reports at least one insurer raised rates as much as 0 to 25% in 2004. In 2007, the  state approved a 14% increase in rates to address large insurer deficits. In August 2008,Gov. Paterson enacted a one-year moratorium on rate increases, the New York Post reports. The moratorium, which will last until June 2009, could halt increases of up to 30% according to the state Insurance Department.
Insurance Availability Information not available.
Change in Physician Availability Information not available.
Change in Cases Filed/Awards The avg. jury award increased from $1.7 million in 1994 to $6 million in 1999-an increase of 350%. The average cost of closing all cases increased from $337,000 in 1997 to $420,000 in 2001. In 2002, 7 of the top 10 jury verdicts in medical liability cases were from NY courts. (NY Med Society) 1766 paid claims in 2003 or 22.9 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 1768 paid claims in 2005 or 22.9 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 1,702 total number of paid claims for 2006 or 19.6 per 1,000 active, non-federal physicians. 1528 paid claims in 2007.
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