A proposal to expand New York’s wrongful death law is once again under fire by the state’s medical trade organizations as they push the Hochul administration to veto it.
The measure, approved by lawmakers earlier in June, will make it easier for a larger segment of people to file wrongful death claims in a lawsuit, including for psychological damages.
Proponents of the motion argued that a century-old law needed to be updated and that the move would benefit people of color who have struggled to successfully file wrongful death claims in the past.
But an earlier version of the measure was rejected by Gov. Cathy Hochul amid concerns raised by lawsuit reform groups, business organizations, local governments and the medical community. Changes to legislation did little to quell that opposition.
The expansion of the wrongful death law has come under close scrutiny in the wake of a racially motivated mass shooting in Buffalo a year ago when family members of the victim sued.
In a letter from more than a dozen Medicare and Medicaid groups sent this week to Hochul’s chief counsel, the administration was urged to again veto the proposed expansion, citing the potential impact on insurance rates in New York.
“This new bill does not address core concerns about the severely negative impact this legislation has on our health care system or, for that matter, any other industry or municipality,” the groups wrote.
Among those urging a veto in the letter are the New York State Medical Association, the American College of Emergency Physicians of New York, and the Northeast Territory Urgent Care Association.
This year lawmakers made changes that should have prompted Hochul to sign the measure into law, including clarifying who can file wrongful death lawsuits.
“It is time to make reforms and get some of the New Yorkers who are facing this dilemma of having to go to court to seek compensation get the consideration they deserve,” Senator Brad Hoelman-Segal said earlier this year.
But medical groups write that if this is enacted, hiring healthcare professionals in New York will be more difficult with already high medical premiums.
“With New York State’s reputation for being one of the worst states in the country to be a physician in, it is imperative that we take steps to ensure that we can retain and attract skilled physicians to our state to best serve the health care needs of our patients,” they wrote. “Unfortunately, this law differs only marginally from the version overturned.”
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