June 9, 2025
For Immediate Release

New York Physicians Call on Gov Hochul to Again Veto Wrongful Death Bill: Our Healthcare Safety Net Needs to be Protected

Statement Attributable to:
David Jakubowicz, MD
MSSNY President

“Despite the enormous cuts we potentially face out of Washington and despite the fact that Governor Hochul has vetoed similar legislation THREE times, the Legislature has yet again passed a bill (S4423/A6063) to greatly expand damages awardable in wrongful death actions and dramatically increase physicians’ and hospitals’ already staggeringly high liability costs.

“This bill, especially when NY stands in the crosshairs of the draconian cuts to Medicaid found in the One Big Beautiful Bill, will result in closed hospitals and physician offices, especially in rural areas, longer drives to obtain medical care, and longer wait times when patients need emergent care. The Medical Society of the State of New York believes that the best care is timely care by a physician close to your home. This bill will lead to worse outcomes for trauma, stroke and heart attack care, where every second counts.

“We are grateful to the Governor’s vetoes of substantially similar bills in the past three years where she recognizes the ‘significant unintended consequences’ of expanding the types of damages in wrongful death actions, including the adverse impact to our community healthcare infrastructure arising from the likely huge increase in liability costs it would face through these expanded liability awards.

“The latest version of this bill does not in any way change the substantive impact of this bill and its massive increase in insurance costs for our hospitals and physicians—who already face by far and away the highest liability costs in the country. NYS in 2023 spent more in medical liability payments than California and Florida combined despite having one-third the population. Unsurprisingly, multiple actuarial studies have predicted a 40% increase in medical liability insurance costs, which are already among the highest in the country.

“Once again, we will work with our patients along with others including local hospitals, municipalities, and businesses—to urge Governor Hochul to veto this bill. We seek to ensure timely access to emergent and urgent healthcare, and no patient and their families should witness their needless delays and preventable suffering due to ill-conceived and ill-timed legislation.

“We, as the Medical Society of the State of New York, on behalf of all of our member physicians, stand ready to work with the legislature, governor and all stakeholders, including the trial bar and business community, to make common sense changes to our broken Tort system, which currently is a $7,000 tax on each man, women and child in the state. As a profession devoted to the art and science of healing, we stand ready to offer a proper cure, not a treatment that will result in mortal harm to an already critical patient.

“We applaud Governor Hochul for her past courage to veto the previous bills, and urge her to continue with her resolve on this matter, and veto this legislation.”

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Founded in 1807, the Medical Society of the State of New York is the state’s principal non-profit professional organization for physicians, residents, and medical students of all specialties. Its mission is to represent the interests of patients and physicians to assure quality healthcare services for all. 

Media Contact:
Roseann Raia | Manager, Communications
Medical Society of the State of New York
865 Merrick Avenue
Westbury, NY 11590
516.488.6100 x302 | [email protected]

Julie Vecchione
Vice President, Communications
Medical Society of the State of New York
865 Merrick Avenue
Westbury, NY 11590
516.488.6100 x340 | [email protected]

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