Radiology Business: ACR, state radiological society urge governor to veto bill related to wrongful death damages

By: Marty Stempniak

The American College of Radiology and its local chapter in the state of New York are urging Gov. Kathy Hochul to veto a bill that would “dramatically” expand damages awarded in wrongful death actions.

Both the New York House and Senate recently passed the legislation, forwarding it to the Empire State’s top official for her signature. Along with increasing payouts, the policy change also would cause medical liability insurance premiums to skyrocket, physicians contend.

Local legislators passed a similar bill in 2022, which Hochul also vetoed. ACR, the New York State Radiological Society and others are urging her to do the same again.

“New York’s tough liability climate is an important factor that physicians consider when deciding where they want to practice,” ACR and the NYSRS said in Radiology Advocacy Network sign-on message addressed to the governor. “Any action that would increase medical liability costs carries the potential negative consequence of physicians leaving our state to practice elsewhere, reducing the number of physicians in our communities and hurting patient access to care.”

Last year, actuarial estimates indicated the bill would have increased liability insurance costs in New York by over 40%, with a similar impact anticipated in 2023. The state already has the highest liability premiums and payouts in the U.S., at roughly 58% in 2021, ACR and the NYSRS noted. Adding to this tally would impose a “crushing burden” on local physicians.

“We need to protect and expand the foundation of healthcare professionals, which is so fundamental in assuring that New Yorkers have ready access to the healthcare they need,” the societies contended.

ACR highlighted the advocacy push in a Dec. 6 news update, asking radiologists in New York to sign the message to Gov. Hochul.