Times Union: Commentary: Don't discourage more OBGYNs from practicing in New York

By: Adele El-Kareh

There’s a growing shortage of physicians dedicated to maternity care. In New York, this situation will become worse if Gov. Kathy Hochul signs a bill that will incentivize more lawsuits against doctors and hospitals – and raise liability premiums by a whopping 45 percent.

Strained by the pandemic, many nurses and physicians are retiring early. This is a pressing concern for OBGYNs. Trends suggest people are waiting longer to start families. Later pregnancies increase the need for additional prenatal care from competent specialists.

Among the factors driving medical students away from obstetrics is the cost of liability insurance and the risk of being sued. While OBGYNs are some of the most passionate doctors you will find, they are sued more than almost any other specialty. In fact, 79 percent of OBGYNs report being named in a lawsuit, and they pay the second highest insurance premiums.

New York is already home to one of the most difficult liability environments in the country. The Empire State leads the nation in lawsuits filed against health care professionals and consistently hovers at or near the top of the list of states for total medical liability payouts and payouts per capita.

Rather than working with the medical profession to balance the liability climate, the state Legislature passed a measure that will encourage litigation and entice larger settlements – with plaintiffs’ lawyers collecting 33 percent of each verdict, cashing in on the new law and their clients’ tragedies.

Though well-intended, the open-ended bill – which increases damages payable in wrongful-death lawsuits – will amplify the liability crisis, allowing near-unlimited payouts. An actuarial analysis finds that annual liability premiums for medical professionals are projected to increase by 40-45 percent. In some parts of New York, this means an additional cost of $60,000 a year for OBGYNs. That’s enough to deter anyone from entering the field or practicing obstetrics in this state.

It is disheartening that at a time when we desperately need to support robust access to reproductive care, lawmakers advanced legislation that could drive obstetricians and gynecologists to practice elsewhere.

To ensure access to care for all New Yorkers, Hochul should veto the measure and call on lawmakers to craft a more thoughtful and balanced piece of legislation that compensates victims of reckless actions yet deters opportunistic trial attorneys ­– and avoids increasing the burden on doctors and hospitals in the process.

Dr. Adele El-Kareh is a board-certified OBGYN, clinical assistant professor of medicine, and president of the Dutchess County Medical Society.