UPDATE-

How much is too much? Medical malpractice judgements can run into the millions and required malpractice insurance for doctors is very expensive. Governor Cuomo's Medicaid reform team has says New York's Medicaid costs will go down by $234 million over the next two years if the state caps malpractice pain and suffering judgements at $250,000.

Malpractice attorney Anthony Bottar says a cap would take away one of the only actions elderly malpractice victims have.

"Their only recovery will be pain and suffering. At the other end of the age spectrum, someone who is very young, a child or an infant - again the pain and suffering is really the only element of damage," said Bottar.

Local doctors say the cost of malpractice insurance is driving doctors out of New York and is driving up the cost of health care for everyone else. 26 other states have capped damages and doctors here in Central New York say a cap is needed to prevent a crisis.

"The jury can award something that is based on their emotional connection with the injured party, rather than on the facts," said Dr. David Duggan from Upstate Medical University.

Bottar and other attorneys say if doctors and hospitals want to lower their malpractice insurance bills they should work to prevent malpractice mistakes - not the ability to sue for damages.

"There's ways to save money without taking rights away from the poor, the homemaker, the elderly and the way to do it is to decrease the incidents of malpractice - that's how you save money," said Bottar.

Several trial lawyers have said instead of capping pain and suffering judgements, New York could cap compensation for hospital executives. Dozens of hospital executives downstate make over a million dollars a year.

For more on the Governor's plan to cap pain and suffering judgments click here.

A group opposing the plan has also filed an ethical complaint regarding the Medicaid Redesign Team.

Governor Andrew Cuomo’s Medicaid Reform Team says New York State could save $234 million by capping pain and suffering judgments in medical practice cases at $250,000.

Malpractice insurance is very expensive for doctors and hospitals, and Dr. David Duggan, president of the Onondaga County Medical Society, said costs for insurers and patients would go down if doctors and hospitals didn’t have to pass those costs on.

Dr. Robert Silverman from Upstate Medical University said the high malpractice costs are driving some of “the best and brightest” doctors out of New York and leaving some rural areas without necessary care.

The New York State Academy of Trial Lawyers opposes the cap on judgments. Local attorney Anthony Bottar says pain and suffering damages are the only way many clients can be compensated for their loss. Bottar also says that while 26 states have put caps on pain and suffering damages, research does not show significant savings for insurers or patients.

The Center for Justice and Democracy suggested the state look at capping compensation for hospital executives at $250,000 instead of malpractice judgments. Dozens of downstate hospital executives make between one and five million dollars a year.

Bottar says the problem is negligence and malpractice – not malpractice insurance. He says some real savings could come from reducing medical mistakes.