Buffalo News: Liability legislation threatens access to reproductive care

By: Christine Herde

Unfortunately, well-intentioned lawmakers in Albany have once again passed a bill that carries the potential for unintended consequences that will undermine the ability of doctors, especially high-risk specialties like OB-GYNs, to continue to serve communities in New York.

Gov. Kathy Hochul vetoed a similar bill — which radically expands the types of damages payable in wrongful death lawsuits — earlier this year, citing increased costs for patients and ballooning insurance premiums for doctors and hospitals across the state.

The medical community recognizes and understands the good intentions behind this bill and its predecessor – and are committed to working with the sponsors to draft a bill that works for all impacted parties. All we ask for is some balance in the system that will appropriately compensate patients and their families while also controlling rising costs and significant exposure to lawsuits.

Gov. Hochul should be applauded for her staunch advocacy for reproductive rights. New York is a vital beacon of reproductive freedom as access to safe abortion care is under constant threat from politicians in other states. Unfortunately, legislation like the latest liability-expanding proposal will deter OB-GYNs from practicing here at all. That means longer wait times and longer distances to travel.

New York is also continuing to deal with a maternal mortality crisis, which is worsened when birthing people cannot access the care they need in a timely manner. Now more than ever, New York must make every effort to ensure robust access to OB-GYNs and maternal fetal medicine specialists who care for high-risk pregnancies.

Women’s health care physicians are already sued more than most other medical specialties. Over 83% report being named in a lawsuit at least once during their careers. High insurance costs and the specter of lawsuits deters medical students from pursuing obstetrics and drives providers out of practice or to less litigious states.

The Empire State needs comprehensive medical liability reform. Legislation that only accounts for one point of view, regardless of its good intentions, threatens the work we do to ensure access to high-quality maternity and reproductive care.

We urge Gov. Hochul to veto this liability-expanding legislation once again. And we look forward to working with bill sponsors to draft a new proposal that balances the needs of patients, families and their doctors. This needs to be a partnership. Access to safe reproductive care and the stability of New York’s health care system are depending on our elected officials to get this right.

Christine Herde, MD, FACOG, is a board-certified OB-GYN and Chair at the American College of Obstetricians and Gynecologists, District II.