Times Union: Commentary: Latest version of wrongful death bill should also get Hochul's veto

By: Jacob Moalem and Anthony Vine

For the third time, the state Legislature passed a deeply flawed bill that could have devastating consequences for our health care system. It was passed with the best of intentions — to compensate families who have lost a loved one due to the negligence of another. But as written, it would be the broadest statute of its kind in the country.

Parts of New York, like the Bronx and Long Island, are already the most expensive places to practice medicine. This bill will turn that cost crisis into a catastrophe, ultimately chasing doctors out of state and bankrupting already-struggling public hospitals and clinics.

Despite two previous vetoes from Gov. Kathy Hochul and strong opposition from the medical community, the latest version of this legislation poses the same risks to physicians and patients, especially those already traveling long distances and facing extended wait times to access the care they need. Until lawmakers take her concerns into account, Gov. Hochul must remain steadfast and veto the bill.

New York already leads the nation in medical liability lawsuit payouts, with amounts totaling over $616 million in 2023. An analysis by the global actuarial firm Milliman Inc. predicts that if the bill's current version is signed into law, medical professional liability insurance costs could increase by 39.9%. This kind of increase would be unsustainable for inner-city and rural hospitals that are already struggling to stay afloat. But the impact won’t stop there. Higher medical professional liability insurance premiums inevitably translate into increased health care costs for everyone. 

When operating costs, in the form of medical professional liability premiums, become impossible to keep up with, small community hospitals and specialized clinics often suffer first. With a shortage of health care professionals impacting communities nationwide, the last thing New Yorkers need is for the government to make it even harder for people to find a doctor when they need one.

The bill's supporters argue that it will not have any fiscal impact. However, each year, the state Division of the Budget, responsible for evaluating competing demands on state resources, determined that the increase in medical liability expenses for state-run and safety-net health care facilities would amount to $214 million per year.

While it’s crucial to compensate families for their loss and ensure that justice is served, we must do so without risking the collapse of our health care system.

In the end, one of the goals should be to create a health care system that serves everyone — patients, families, and our physicians alike. By fostering collaboration between lawmakers and health care professionals, we can develop a thoughtful, measured approach that not only protects the rights of grieving families but also promotes patient safety and ensures access to quality care for all New Yorkers, regardless of where they live. An unfortunate medical outcome is not synonymous with negligence. Programs that encourage transparency can build trust between physicians and patients while reducing unnecessary litigation and ensuring quick resolutions.

As physicians dedicated to a healthier New York, we stand ready to work with lawmakers and Gov. Hochul to come up with comprehensive legislation that balances justice with the sustainability of our health care system.

Jacob Moalem is a governor and president of the New York Chapter of the American College of Surgeons. Anthony Vine is vice president of the chapter.