New York Medical Malpractice

Under current law, the military cannot be held accountable for any sort of medical malpractice as it pertains to active servicemen. U.S. representative Maurice Hinchey from New York state is proposing a bill that would reverse the current law and make the military accountable for any medical malpractice that occurs. Entitled “The Carmelo Rodriguez Military Medical Accountability Act”, it is currently being debated by the House of Representatives.

Hinchey said his bill would make sure "the military, like any other health care institution, takes steps to improve care so that no one else ever has to go through what the Rodriguezes have endured." The legislation would continue to exempt medical professionals responding to "combat scenarios," he said.

As medical malpractice premiums for doctors keep skyrocketing, New York doctors are traveling to Albany to talk to governor David Patterson about reform. Malpractice premiums are driving many doctors out of the state to practice in other areas where the premiums aren’t as high.

As overhead and other costs soar, doctors say they need flexibility to negotiate fees with managed health-care organizations. Physicians also want more room for discussion with HMOs on issues of patient treatment and testing.

Doctors also contend colleagues are leaving New York in droves because of sky-high medical malpractice insurance premiums. The typical neurosurgeon in the state pays $300,000 a year, said Dr. Perel. Obstetrician-gynecologists on Staten Island can pay upwards of $200,000 annually.

"It’s important for the Legislature to enact medical liability reform this year," said Assemblyman Lou Tobacco (R-South Shore), who, along with the borough’s elected officials in the Assembly and state Senate, met with the doctors. "We need to lower medical malpractice rates during these tough economic times to ensure that current doctors are able to afford practicing medicine here, while encouraging doctors who graduate from New York medical colleges to remain in the state."