Tell Governor Hochul to Veto S.4423/A.6063
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- 4423/A.6063 would exponentially expand wrongful death damages, with no cost controls, threatening New York’s fragile healthcare system.
- Premiums for specialties like OB-GYN and surgery could rise by $60,000–$76,000 annually, forcing physicians out of practice and leaving patients with fewer care options
- MSSNY urges all physicians to speak out and join our advocacy to ensure Governor Hochul vetoes this bill once again.
New York physicians are facing another attempt by the Legislature to dramatically expand liability costs through S.4423/A.6063, a bill amending the state’s wrongful death law. This proposal, nearly identical to versions Governor Hochul previously vetoed, would exponentially increase damages awardable in wrongful death lawsuits. Crucially, it contains no balancing provisions to offset costs, leaving physicians and hospitals to absorb staggering insurance premium hikes.
Independent actuarial studies show that this legislation could drive medical liability premiums up nearly 40%, compounding an already dire situation. For example, an OB-GYN on Long Island could see premiums rise by more than $76,000 annually, while a surgeon could face increases of over $61,000. Many already stretched-thin physician practices cannot sustain such costs.
The consequences go far beyond physicians’ bottom lines. Higher premiums and escalating liability risks will accelerate physician shortages, close hospitals and practices, especially in underserved and rural areas, and make timely access to care even harder for patients. Trauma, stroke, and cardiac patients could face longer waits for treatment, with life-threatening implications. New York already leads the nation in malpractice payouts, exceeding states like Pennsylvania, Florida, and California by wide margins, because, unlike those states, New York has no caps or systemic controls on liability costs.
Governor Hochul herself previously noted that bills of this type “would likely have resulted in higher costs to patients and consumers” and would further strain “already-distressed healthcare workers and institutions.” Those concerns remain unaddressed in this year’s legislation.
MSSNY stands firm with allied medical organizations in calling for the Governor to veto this bill again. Additionally, this week, 45 county medical societies joined MSSNY in a joint communication urging the Governor to veto the bill. Comprehensive tort reform is needed to reduce costs and preserve fairness, not one-sided proposals that worsen New York’s reputation as one of the most difficult states to practice medicine.
