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Q&A

CM Narcisse on medical malpractice defense contracts and costs

New York City Council · Jun 5, 2026 · starts 6:04:24 · 4 min 39 sec

Narcisse asks about medical malpractice defense contracts. Katz confirms 17 firms contracted for specialized cases, with contracts lasting 5-6 years. The budget is $21.3M in FY26 and $21.4M in FY27, covering only legal fees not payouts. About half of cases settle before trial.

Mercedes Narcisse

In medical malpractice, the executive plan includes additional baseline funding of $4.3 million starting in fiscal 2026,

Mercedes Narcisse

increasing to $5 million by fiscal 2030 for expenses associated with medical malpractice defense contracts.

Mercedes Narcisse

Is it correct that H&H contracts with 12, 15 different law firms for medical malpractice defense?

Dr. Mitch Katz

Yes, so the budget just corrects to what the existing use has been.

Dr. Mitch Katz

And the $20 million represents a major decrease from what it historically was before we started working so hard to handle these cases well.

Dr. Mitch Katz

We actually work with 17 firms, and it's because medical malpractice is very specialized.

Dr. Mitch Katz

So you need a different firm if it's an...

Dr. Mitch Katz

orthopedic injury versus a pediatric injury or in an obstetric case.

Mercedes Narcisse

So what's the total budget for FY 2026 and 2027?

Dr. Mitch Katz

2026 is 21.3 and 27 is 21.4.

Dr. Mitch Katz

Essentially the same.

Mercedes Narcisse

Does this funding only cover payment to law firms or does it cover payouts and settlement?

Dr. Mitch Katz

Only to lawyers, law firms, it's not the payouts.

Mercedes Narcisse

So there's other money for the payout?

Dr. Mitch Katz

That is correct.

Mercedes Narcisse

Are the contracts with these law firms IFPs?

Mercedes Narcisse

What is the timeline for a contract?

Mercedes Narcisse

How did H&H choose which firms to contract with?

Dr. Mitch Katz

So contracts are five to six years.

Dr. Mitch Katz

We do bids, but we also pay attention to how responsive the law firm is to us.

Dr. Mitch Katz

And often you can do a better settlement if you're very responsive as opposed to leaving it for a long period of time.

Dr. Mitch Katz

And we also try to make sure that we have the right firms for the right kinds of cases because they're so different.

Mercedes Narcisse

I'm assuming they are from our city?

Dr. Mitch Katz

Yes, yes, they're 100%.

Mercedes Narcisse

Okay.

Mercedes Narcisse

How do you evaluate the slow firms and how often do you, yes, I think you just lead to that six on bid.

Dr. Mitch Katz

Yeah.

Mercedes Narcisse

You got that already.

Mercedes Narcisse

In finding savings, did you assess the medical malpractice contract to find efficiencies?

Dr. Mitch Katz

Yes.

Dr. Mitch Katz

Well, the biggest efficiency is that we have our own lawyers, and so that's made a huge difference.

Dr. Mitch Katz

And then we only have to gain help when we need specialty help in an area that is unusual or requires a lot of expert witnesses.

Mercedes Narcisse

How many medical malpractice suits were filed against H&H in 2025?

Mercedes Narcisse

How does the number?

Mercedes Narcisse

compared to the past years, which H&H location or service areas received the most medical malpractice complaint?

Dr. Mitch Katz

So the closeout cases is 450.

Dr. Mitch Katz

Most of the med mal, as you would expect, come from the large hospitals.

Dr. Mitch Katz

The highest number involved the emergency department.

Dr. Mitch Katz

Lowest number come from the long-term care settings.

Dr. Mitch Katz

And about half of the cases we settled before trial.

Mercedes Narcisse

They're settled before trial?

Dr. Mitch Katz

Yes.

Mercedes Narcisse

Okay.

Dr. Mitch Katz

That's the goal, actually, because otherwise you just rack up lawyer fees and it's not going to the person.

Mercedes Narcisse

And many years.

Mercedes Narcisse

Which H&H?

Mercedes Narcisse

Okay, got that.

Mercedes Narcisse

Have you looked into the possibility of hiring in-house counsel instead of relying on outside firms for medical malpractice?

Dr. Mitch Katz

We mostly have in-house.

Dr. Mitch Katz

We only have in-house.

Dr. Mitch Katz

Yeah, yeah.

Dr. Mitch Katz

We only use contracts for the very specific kinds of cases that require that kind of expertise.

Mercedes Narcisse

Okay.

Dr. Mitch Katz

And they're very good, the inside counsel.

Mercedes Narcisse

Yeah.