Governor Wants To Exclude Malpractice Claims From Law Expanding Wrongful Death Claims: New York Governor Kathy Hochul authored the following editorial in the January 30, 2023 edition of the New York Daily News: “There has been much discussion about the merits of changing New York’s wrongful death statute, first enacted in 1847. The law today allows individuals to recover monetary damages for the loss of a loved one, measured in economic impact, without compensating for the emotional toll.
As a parent, I know how precious our children are to us, and I know how devastating it must be for a family to learn that under New York law the life of their child is less valuable than someone older who earns a salary. I also recognize that the law as it currently stands, valuing lives based on earning potential, reinforces historic patterns of structural inequity and racism. This is one of many areas of unfairness that remain in our legal system, we must never give up on the important work of making needed change.
I have heard the painful stories from many families of children lost in devastating accidents, who simply want justice and to know that the life of their child has value in the eyes of the law. And I agree with them.
The question is how. Last year, the Legislature passed a bill, the Grieving Families Act, that would effectuate a complete overhaul of the wrongful death framework. It would dramatically expand beneficiaries, categories of damages, and the statute of limitations.
Experts have highlighted concerns that the unintended consequences of this far-reaching, expansive legislation would be significant. It is reasonable to think that the legislation as drafted will drive up already-high health insurance premiums, adding significant costs for many sectors of our economy, particularly hospitals that are still recovering from the pandemic and struggling to stay afloat — including public hospitals that serve disadvantaged communities. This is a question that would benefit from careful analysis before, not after, passing sweeping legislation.
This bill passed at the very end of the legislative session; the bill was approved in committee and voted on by both the Assembly and Senate, in full, on the very same day. What was missing was a serious evaluation of the impact of these massive changes on the economy, small businesses, individuals, and the state’s complex health care system.“
On January 31, 2023, Governor Hochul vetoed the proposed legislation.
A. 6770/S. 74A would extend wrongful death beneficiaries to include “surviving close family members, which may include, but are not limited to, spouse or domestic partner, issue, parents, grandparents, step-parents and siblings. The finder of fact shall determine which persons are close family members of the decedent under this section based upon the specific circumstances relating to the person’s relationship with the decedent.”
The legislation would also allow recovery for noneconomic damages and defines compensatory damages as: “(i) reasonable funeral expenses of the decedent paid by the persons for whose benefit the action is brought, or for the payment of which any persons for whose benefit the action is brought is responsible; (ii) reasonable expenses for medical care incident to the injury causing death, including but not limited to doctors, nursing, attendant care, treatment, hospitalization of the decedent, and medicines; (iii) grief or anguish caused by the decedent’s death, and for any disorder caused by such grief or anguish; (iv) loss of love, society, protection, comfort, companionship, and consortium resulting from the decedent’s death; (v) pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the decedent’s death; and (vi) loss of nurture, guidance, counsel, advice, training, and education resulting from the decedent’s death.”
In July 2022, more than 30 New York-based industry organizations wrote to Governor Hochul, urging her to veto the bill.
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