Physicians Again Call on Governor Hochul to Veto Latest Wrongful Death Liability Expansion Bill
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With the Legislature passing yet another version of legislation (A.9232-B/S.8485-B) that would significantly expand liability against physicians and hospitals in wrongful death lawsuits, physicians are again called to write, call and tweet at Governor Hochul Reducing Medical Liability Costs (p2a.co) to urge that she veto this latest version as well.
We thank the bi-partisan list of 30 Assemblymembers and Senators who voted against this bill when it passed both Houses. The new version differs from the earlier vetoed versions by reducing the retroactive applicability as well as the categories of individuals who can bring these actions. However, it does not substantively change the fundamental nature of the new types of damages that would be awardable through this legislation, which essentially was the basis for the conclusion that this bill could produce a 40% increase in medical liability premiums in a 2022 actuarial study.
MSSNY has joined with 17 specialty societies in a statement S8485-A.9232-A-joint-letter.pdf (mssny.org) urging comprehensive liability reform instead of one-sided proposals such as this that would exacerbate already challenging patient access to care issues we face. MSSNY President Dr. Jerome Cohen’s statement alerting the public of the patient care impact of latest version of this bill New York’s Physicians Remain Alarmed (mssny.org) has been reported in several publications including Politico and Crains Health Pulse.
Importantly, Governor Hochul has twice vetoed legislation that would have expanded the types of damages awardable in wrongful death actions. Her veto messages have appropriately highlighted the “significant unintended consequences” of this proposal, including the impact to our community healthcare infrastructure because of the likely huge increase in liability costs it would face through these expanded liability awards.
Some are trying to manipulate the public messaging surrounding this legislation that it is substantively different from earlier vetoed versions. The substantive adverse impact is the same! Therefore, please continue to urge Governor Hochul Reducing Medical Liability Costs (p2a.co) to veto this latest legislation and work for the enactment of comprehensive legislation that balances the needs of grieving families with preserving patient access to their community healthcare safety net.
