Syracuse.com: Gov. Hochul, veto liability expansion to keep physicians in NY, Onondaga County (Your Letters)

By: Dr. Digant Nanavati

New York state is ranked among the worst states for practicing medicine.

Onondaga County and New York state continue to lose doctors to other states with a more welcoming physician environment. Gov. Kathy Hochul can sign — or veto — legislation that would significantly increase the strain on our physicians’ ability to provide high-quality community health care.

Despite two previous vetoes from the governor, the New York state Legislature has again passed S8485-B/A9232-B, which proposes to dramatically expand damage awards in wrongful death lawsuits.

Like earlier versions, this new bill could increase insurance costs for our physicians by 40%. New York state already has the nation’s highest annual malpractice liability insurance rates. Our physicians pay tens of thousands of dollars per year in insurance premiums. Furthermore, specialists, such as OB-GYNs and neurosurgeons, can spend upward of $200,000 annually.

The governor’s veto messages on prior versions highlighted the “significant unintended consequences” of broadening the types of damages in wrongful death cases, particularly the negative effect on our community healthcare system due to the potential increase in liability costs resulting from these expanded awards.

The most recent legislation again fails to address the dire impacts of radically increased healthcare costs on our regional healthcare system.

We deeply sympathize with the grieving families this legislation aims to support. However, any expansion of lawsuits must be carefully balanced to prevent excessive jury awards, control inflated legal fees and set reasonable limits on compensation for pain and suffering.

With Micron’s arrival, we have the potential for a significant population surge. We already face a physician shortage in Onondaga County, and the costs imposed by this legislation will not only discourage new physicians from locating here but undoubtedly pressure numerous primary and specialty care physicians to leave their practices.

This past year’s state budget made efforts to stabilize our community’s healthcare safety net, aiming to safeguard patient access to care. However, the wrongful death legislation will introduce overwhelming new costs, undermining these critical investments and threatening patient access.

We at the Onondaga Medical Society strongly urge the governor to veto this legislation once again and collaborate with the Legislature to develop truly balanced solutions — expanding the rights of grieving families while securing our healthcare safety net.

Dr. Digant Nanavati

President