Syracuse New York Medical Malpractice Lawyer’s Response To New York Medical Society Regarding Failed Cap On Damages.

New York Medical malpractice victims, you might not know it, but you just dodged a bullet! The New York hospital and physician lobby just tried to cut the legs off your rights to compensation. They tried to get the governor to incorporate into his budget a provision that would have capped all medical malpractice pain and suffering verdicts at $250,000. I already blogged about the unfairness of such a rule.

Good news: The doctor lobby failed! The final budget, which has now become law, tossed out the ill-conceived medical malpractice cap. And that is cause for celebration, not only by New York medical malpractice lawyers, but also by New York medical malpractice victims and their families.

Turns out the doctors and hospitals are poor losers. In a letter from Medical Society of the State of New York President Dr. Leah McCormack to his fellow doctors, he says he is “more than disappointed” that the budget did not include the cap. He feels “angry, disgusted and betrayed”.

So here’s my response to Dr. McCormack.

Dear Doctor McCormack, I understand you feel “angry, disgusted and betrayed” by our governor and State legislature. But just imagine how “angry, disgusted and betrayed” your malpracticed patients would have felt had you gotten your way with Albany. Your position is clear: medical doctors in the State of New York should have the right to exercise their profession NEGLIGENTLY AND CARELESSLY, and BELOW AN ACCEPTABLE STANDARD OF CARE, and not pay the full consequences. That position is the product of ARROGANCE.

You doctors have it all; big incomes, nice homes, fancy trips, status. But you want more still. You want to escape responsibility for your mistakes. I am a lawyer. If I screw up, my clients can sue me for FULL compensation. The same is true for plumbers, homebuilders, accountants, and all other workers. What makes you so special? Why do you think you are entitled to a special law to isolate you from the consequences of your carelessness? Where does your arrogance come from? Do they teach it in medical school? And by the way, when did they teach you to stop caring about your patients?

Dr. McCormick, why don’t you turn your “angry, disgusted and betrayed” feelings toward your brethren who commit malpractice.

Thanks for listening

Keep safe!

Mike Bersani
Email me at: I’d love to hear from you!

Michael G. Bersani, Esq.
Central NY Personal Injury Lawyer Michaels Bersani Kalabanka


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