Times Union: Wrongful-death bill won't improve maternal health outcomes

By: Paul A. Pipia, M.D.

Assemblymember Rodneyse Bichotte Hermelyn should be commended for her courage and willingness to share her story in her commentary (“Wrongful-death bill will improve maternal health disparities,” Aug. 8). Physicians across New York state wholeheartedly agree that more must be done to eliminate disparities in women’s healthcare outcomes.

But the bill to expand liability would ultimately undermine access to care, especially when it comes to maternal and reproductive healthcare. Medical students already cite high liability costs and fear of being sued as reasons for not training as OB-GYNs. An actuarial analysis of the legislation under consideration projects a 40 percent increase in medical professional liability insurance.

Increasing the types of payouts available in lawsuits means increasing the cost of insurance. For OB-GYNs and other physician specialists, New York is already home to the highest medical professional liability premiums. That isn’t good for attracting more doctors to practice here.

When it comes to the case of Laverne’s Law, the law was significantly amended to reduce the impact on physician’s insurance premiums. Still, over the last two years, medical professional liability insurance premiums increased by nearly 10 percent. This is contrary to claims that premiums have decreased.

To solve disparities in healthcare outcomes, lawmakers should focus on funding community hospitals and incentivizing OB-GYNs, not pricing them out of practicing here.

Gov. Kathy Hochul recently vetoed legislation nearly identical to the wrongful-death bill. To improve access to care, and to prevent maternal and infant deaths, Hochul should veto the new bill and work with the Legislature to develop a far more balanced proposal that provides remedies to grieving families while also protecting patient access to our healthcare system.

The writer is president of the Medical Society of the State of New York.