Buffalo News: Another Voice: Grieving Families Act will harm New York’s health care system

By: Samuel Flemister

Gov. Kathy Hochul is contemplating a measure that would significantly alter New York’s wrongful death laws. As written, the “Grieving Families Act,” (S74A) would adversely impact all areas of liability, including medical liability, and increase costs for virtually every type of insurance from cars to general liability to health.

New York’s medical liability system is broken, failing both practitioners and patients. It’s costly, inefficient and inconsistent. The New York State Society of Orthopaedic Surgeons (NYSSOS) for years has called for the development of comprehensive medical liability reforms that improve health care access, quality and efficiency, while also fairly compensate negligently injured patients.

S74A will do little to facilitate these goals. One actuarial study estimated that the legislation could increase New York’s already high medical liability premiums by as much as 40%. Moreover, Deiderich Healthcare’s 2020 report identified New York as the national leader in malpractice payouts, which in 2019 exceeded $661 million dollars. Advancing S74A will only fuel more unpredictable and inequitable payouts that are not necessarily related to medical negligence.

Gov. Kathy Hochul is contemplating a measure that would significantly alter New York’s wrongful death laws. As written, the “Grieving Families Act,” (S74A) would adversely impact all areas of liability, including medical liability, and increase costs for virtually every type of insurance from cars to general liability to health.

New York’s medical liability system is broken, failing both practitioners and patients. It’s costly, inefficient and inconsistent. The New York State Society of Orthopaedic Surgeons (NYSSOS) for years has called for the development of comprehensive medical liability reforms that improve health care access, quality and efficiency, while also fairly compensate negligently injured patients.

S74A will do little to facilitate these goals. One actuarial study estimated that the legislation could increase New York’s already high medical liability premiums by as much as 40%. Moreover, Deiderich Healthcare’s 2020 report identified New York as the national leader in malpractice payouts, which in 2019 exceeded $661 million dollars. Advancing S74A will only fuel more unpredictable and inequitable payouts that are not necessarily related to medical negligence.

In her inaugural address and her State of the State address, Hochul pledged to tackle what she termed “the affordability crisis in New York State” — a recent census report found New York had the greatest population loss of any state between July 2021 and July 2022, with 180,000 New Yorkers leaving. Enacting S74A will only drive more New Yorkers to leave the state for good. A veto of S74A provides the governor with a clear opportunity to address this crisis. We encourage her to do so, swiftly.

Samuel Flemister, MD, is president of the New York State Society of Orthopaedic Surgeons, and Board Certified Orthopaedic Surgeon.