
New York’s Medical Liability Crisis: Reform Is Long Overdue
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.


