Syracuse.com: Medical liability bill would be catastrophic for Onondaga Co. physicians

By: Dr. Robert Dracker, Dr. Digant Nanavati, Dr. Lynn Cleary, Dr. David T. Page, and Dr. Michael Sheehan

The New York state Legislature has passed legislation (A6698/S6636) that would dramatically expand financial awards in wrongful death lawsuits. This bill is nearly the same as one that was vetoed by Gov. Kathy Hochul last January.

Hochul noted in her veto that the medical liability bill “would increase already high insurance burdens on families and small businesses and further strain already-distressed healthcare workers and institutions,” and that it would be “particularly challenging for struggling hospitals in underserved communities.” The new legislation is no different.

We have great sympathy for the grieving families this legislation seeks to help. However, any legislation to expand costly lawsuits must be balanced to prevent the disastrous impact of this bill on our healthcare system. If this bill is signed into law, it will make it even more difficult for our struggling community hospitals and medical practices to provide essential patient care.

Doctors and hospitals are already among the top targets for lawsuits and must grapple with sky-high insurance costs. Many physicians pay tens of thousands of dollars per year in insurance premiums, and some specialists, such as OBGYNs and neurosurgeons, can pay upwards of $200,000 each year. This new bill could increase insurance costs by 40% or more.

A cost increase of this size is far more than what many doctors’ offices can afford. It will result in some pediatricians, radiologists and primary care providers leaving their practices and moving to states with a less hostile liability environment. These costs far exceed states like California and Texas, with whom New York competes to retain and attract specialty care physicians. Onondaga County faces a physician shortage, especially among primary care doctors, and the costs imposed by this legislation will discourage them from locating here.

The loss of even one practice can devastate a rural community by further limiting access, forcing patients to travel longer distances to access treatment and preventative care, leading to significantly worsened health outcomes. In this year’s state budget, lawmakers included provisions to improve the financial stability of various community healthcare providers, particularly those providing care in underserved areas. The new liability legislation will undermine the positive steps in the state budget to protect access to care.

Onondaga County can’t afford to watch hospitals and medical practices shut down because they can’t pay for a sudden, drastic hike in insurance. Before enacting any new and expansive liability statutes, lawmakers must review the civil justice system and install safeguards to protect medical professionals from catastrophic costs. Every cent spent on insurance is one that can’t be spent on patient care.

Our regional healthcare system is already under significant stress without absorbing the extraordinary costs this bill would require. The governor must also veto this new version of the medical liability bill.

Dr. Robert Dracker, President

Dr. Digant Nanavati, President Elect

Dr. Lynn Cleary, Vice President

Dr. David T. Page, Past President

Dr. Michael Sheehan, Treasurer

Onondaga County Medical Society