Politico: Wrongful Death Opposition

By: Nick Reisman

Physicians’ organizations and medical groups are not budging in their opposition to a bill that would expand New York’s wrongful death statute despite multiple revisions.

The backlash from groups like the Medical Society of the State of New York is resurfacing as lawmakers are considering yet another version of the bill in the final days of the legislative session.

The proposal would make it easier for a wider swath of plaintiffs to bring wrongful death claims, including for emotional damages.

But insurance companies, local governments and healthcare organizations have continued to push back against the measure over concerns it would significantly raise premiums.

The groups have also seized on Hochul’s vetoes of multiple versions of the bill.

“Our concerns with this proposal remain unchanged — the staggering increase in liability insurance costs on top of our already unaffordable liability premiums without the inclusion of any balancing measure to contain these costs,” they wrote in a memo of opposition obtained by Playbook.

Supporters of the legislation, including the families of people who were killed in a 2022 mass shooting in Buffalo, have argued the measure would aid low-income people and people of color who have struggled with winning wrongful death cases.