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Thursday November 20, 2008


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Weinstein, Chase, Messinger and Peters, P.C.
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New York State Medical Malpractice Claims Filed Against The City

Medical Malpractice

Medical Malpractice claims are claims filed against the City or a Health and Hospitals Corporation facility that allege malpractice during treatment.

Although Medical Malpractice claims comprised a comparatively small percentage of personal injury claims filed, they were the costliest type of personal injury claim during each of the past ten fiscal years.

The number of new Medical Malpractice claims filed was virtually the same in Fiscal Years 2004 and 2003 (773 and 779, respectively).

Medical Malpractice cases cost the City $167.5 million for 339 cases in Fiscal Year 2004, representing a decrease over Fiscal Year 2003, when the cost was $195.4 million for 345 cases. Medical Malpractice claims accounted for 31 percent of the total $536.8 million Fiscal Year 2004 Personal Injury payout, making them the most expensive of all Personal Injury claims. Fiscal Year 2003 Medical Malpractice claims accounted for 36% of the total $540.2 million Personal Injury payout.

In Fiscal Year 2004, a record 95 cases were each resolved for $1 million or more. Medical Malpractice cases accounted for 42 -- almost half -- of these high-value cases.

The three hospitals for which the City paid the highest total amount for medical malpractice claims in Fiscal Year 2004 were Kings County ($25.2 million), Elmhurst ($18.4 million), and Woodhull ($17.1 million).

Four hospitals had a greater than ten percent decrease in the number of medical malpractice claims filed. Claims filed against Woodhull Hospital dropped from 64 in Fiscal Year 2003 to 45 in Fiscal Year 2004. Claims filed against Jacobi/Bronx Municipal Hospital fell from 84 in Fiscal Year 2003 to 61 in Fiscal Year 2004. North Central Bronx
Hospital’s claims decreased from 28 in Fiscal Year 2003 to 23 in Fiscal Year 2004. New claims filed against Lincoln Hospital declined from 75 in Fiscal Year 2003 to 64 in Fiscal Year 2004.

Two hospitals had significant increases in the number of medical malpractice claims filed. Claims against Coney Island Hospital rose from 47 in Fiscal Year 2003 to 60 in Fiscal Year 2004. Claims against Elmhurst rose from 50 in Fiscal Year 2003 to 64 in Fiscal Year 2004.

Six hospitals experienced increases and five hospitals experienced decreases in medical malpractice payouts from Fiscal Year 2003 to Fiscal Year 2004. Among the most significant increases in medical malpractice payouts were: Coney Island Hospital (135%), Kings County Hospital (114%), Woodhull Hospital (78%) and Bellevue Hospital
(53 %). It should be noted, however, that medical malpractice claims often take five to ten years to resolve. Thus, the number of claims filed is a better indicator of current hospital activity than the amount paid out in any one year.

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