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Medical Professional Liability State Profile:

New York

PRA New Business Paper
#12 ProAssurance State Rank
#1 Market Rank
$1,779,943,702 Size of MPL Market

CME Requirements

Credit Amount
The state of New York does not have a set number of required CME credit hours for physician license renewal.

Licensure Cycle
Biennial.

Topics
Physicians must complete infection control and barrier precautions training every 4 years and 2 hours on identifying and reporting child abuse and maltreatment.

CME requirements listed above were updated based on information from the New York State Education Department, but education requirements do change. Due to COVID-19, certain states may have modified their licensure requirements. Physicians should confirm New York's current requirements on the New York State Education Department's Training & Continuing Education page or the Office of the Professions’ Online Registration Renewal Service page.

 

Physician Market Comparison

New York = $833,107,315
California is about half the size ($459,025,180)

Region

Northeast

New Business Paper

ProAssurance

Department of Insurance reporting

None identified. 

Tort laws

Limits on damages for pain and suffering: None
Limits on contingent attorney fees: Sliding scale
  • N.Y. Judiciary Law § 474-a
Reform of collateral source rule: Mandatory
  • N.Y. C.P.L.R. 4545
Periodic payment of future damages: Mandatory over $500,000 (with restrictions)
  • N.Y. C.P.L.R. 5031
Statute of limitations: 2 yrs and 6 mo; 1 yr discovery Foreign Object exception
  • N.Y. C.P.L.R. 214-a

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: For an act or omission depriving or otherwise interfering with title to, or possession or enjoyment of property, 9%
  • N.Y. C.P.L.R. §§ 5004, 5001(a)
Prejudgment Accrual Date:
  • The earliest ascertainable date the cause of action existed.
    • N.Y. C.P.L.R. § 5001(b)
  • For equitable actions, interest and the accrual date are set at the court’s discretion.
    • N.Y. C.P.L.R. § 5001(a)
  • For wrongful death actions, 9% interest from the date of the decedent’s death.
    • N.Y. C.P.L.R. § 5004; N.Y. E.P.T.L. § 5-4.3
Post-Judgment Rate: 9%, unless otherwise prescribed by statute.
  • N.Y. C.P.L.R. § 5004(a)
Post-Judgment Accrual Date: Date of entry of judgment.
  • N.Y. C.P.L.R. § 5003; see N.Y. C.P.L.R. § 5004(a)

One-Party or Two-Party State

New York is a one-party state.

In New York, it is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in New York, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties.

  • N.Y. Penal Law §§ 250.00; 250.05

Abortion Law

Abortion will remain legal in New York. In 2019, New York enacted comprehensive abortion rights legislation, expanding access to abortion care in the state, and in 2022 enacted additional protections for abortion providers and helpers. In 2024, voters approved an amendment to the New York Constitution to prohibit discrimination based on pregnancy outcomes and reproductive healthcare and autonomy.