MSSNY pulse President
New York’s Medical Liability Crisis: Reform Is Long Overdue
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Colleagues:

New York has long faced one of the highest medical liability burdens in the country. Malpractice insurance premiums in the state routinely exceed those in much larger states such as California, Texas, and Florida, and payouts in medical liability cases are the nation’s highest.

Despite repeated calls for reform, recent legislative actions have only worsened the situation. Over the past four years, the New York State Legislature has passed measures that would have expanded the damages available in wrongful death actions without reforming the tort system. This would have increased the financial risk for physicians and increased medical liability insurance premiums by 40 percent or more, had the governor not vetoed the legislation. The current medicolegal environment disproportionately affects high-acuity specialties, including neurosurgery, anesthesiology, orthopedics, and emergency medicine, where around-the-clock availability is critical. Physicians facing soaring premiums and unpredictable legal exposure often have no choice but to reduce hospital call coverage or leave the state entirely.

Medical liability reform has consistently been identified as the top legislative priority among MSSNY members. Physicians in New York overwhelmingly report that the liability environment is one of the greatest barriers to practicing in the State. Addressing these concerns is essential for the long-term health of our healthcare system and for ensuring that patients continue to receive timely, high-quality care. Certainly, our annual fight to preserve access to the Excess Medical Liability Insurance program would no longer be necessary if meaningful liability reform was enacted to bring down our exorbitant costs that harm retaining and recruiting physicians to New York State.

Key reforms that could address New York’s liability crisis include preventing further expansion of liability exposure, capping non-economic damages, protecting peer-review discussions, creating alternative dispute mechanisms, strengthening expert witness standards, and improving certificate-of-merit requirements. These reforms are not about denying justice to patients; rather, they aim to restore balance in a system that currently places excessive risk and cost on physicians practicing in New York. They ensure that physicians can continue to serve patients without the constant threat of overwhelming legal and financial burdens.

Meaningful tort reform in New York is long overdue. Reforming tort laws will directly improve patient access, stabilize healthcare delivery, and support a sustainable environment for physicians to practice safely and effectively.

As President of MSSNY, I will continue to advocate for policies that protect physicians and patients alike. By engaging with state lawmakers, educating the public, and promoting evidence-based solutions, we can begin to alleviate the financial and legal pressures that have made New York one of the most challenging states to practice medicine.

Please support our advocacy efforts through contributions to MSSNYPAC. Every contribution, regardless of size, helps strengthen our voice and advances the mission of our society.

All the best,

Mark J. Adams, MD, MBA, FACR
MSSNY President

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