Medical society urges 3rd veto of N.Y. physician liability expansion: 5 things to know

In a letter to the editor published on Syracuse.com Oct. 2, Dignant Nanavati, MD, and president of the Onondaga (N.Y.) County Medical Society, urged Gov. Kathy Hochul to veto a bill to expand physician liability in wrongful death lawsuits, arguing it would "significantly" weigh on physicians' ability to provide high-quality care in the state. 

After two previous attempts, the bill has once again been passed by the New York State Legislature and awaits the governor's signature. 

Here are five key takeaways from the letter:

1. Dr. Nanavati argues the current version of the bill could increase liability insurance costs for physicians by 40% in New York, which has the highest annual malpractice liability insurance rates in the U.S. Specialists often have even higher insurance premiums than other physicians, sometimes spending upward of $200,000 each year on insurance, Dr. Nanavati argued. 

2. In vetoing earlier versions of the bill, Ms. Hochul underscored the "significant unintended consequences" of broadening the types of damages in wrongful death cases, including the potential financial strain on community healthcare systems in the state. 

3. Dr. Nanavati also argued that the most recent legislation fails to address these consequences and the "dire impacts of radically increased healthcare costs on our regional health system." 

4. While expressing sympathy for the families of passed loved ones that this legislation seeks to support, Dr. Nanavati said that "any expansion of lawsuits must be carefully balanced to prevent excessive jury awards" and to keep legal fees and compensation within a "reasonable" limit. 

5. Dr. Nanavati concluded by strongly urging the governor to once again veto this legislation and find collaborative solutions that expand the rights of grieving families while keeping healthcare costs under control.

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