New York Legislature’s “Grieving Families Act”, Highlights Who is Currently on the List of Surviving Family Members Who Can Bring Medical Malpractice Wrongful Death Lawsuits in New York City
One thing that New York City residents and medical patients may not know about New York medical malpractice laws is that certain surviving family members of a patient who has died due to a doctor or medical professional’s negligent care may be entitled to money compensation for their loss. These lawsuits are called “wrongful death” medical malpractice lawsuits and they entitle certain surviving family members of victims of fatal medical malpractice to bring a lawsuit in court for money compensation for the loss of their loved one. As the law stands now, importantly, only certain close surviving family members may bring a wrongful death medical malpractice lawsuit in New York City for the death of a family member due to medical malpractice. However, New York state legislators hope to expand this list through a piece of legislation called the “Grieving Families Act.”
The Grieving Families Act – What is It and Why is It Important in New York City
Under current New York state medical malpractice wrongful death laws, the only surviving family members that may bring a wrongful death lawsuit in court after a loved one has died as a result of medical malpractice are the victim’s children, spouse and domestic partners, parents and legal guardians of minors, and, if the victim of the fatal medical malpractice is an adult, and has no children, it is possible that a parent or grandparent may be able to bring suit.
Previous versions of the Grieving Families Act that were vetoed by New York Governor Kathy Hochul attempted to expand the definition of grieving family members to “close family” members. Governor Hochul cited this “lack of definition” as reason for her decision to not sign the bill that passed the legislature into law. The 2023-2024 version of the bill provides a more limited definition, as well as a shorter window for retroactive application. Crafters of the bill explain that, “this bill narrowly defines and limits the ‘surviving close family members’ who may potentially claim grief and suffering damages as distributees under current law, with the limited exception of where the decedent is survived by a parent or parents, or any person standing in loco parentis to the decedent, and a spouse and no issue, the parent or parents or such person standing in loco parentis is deemed to be a surviving close family member. And importantly, the finder of fact shall determine which close family members are-or are not-entitled to damages based upon the specific circumstances relating to the person’s relationship with the decedent. To further address concerns raised by the Governor, this version of the bill has shortened the proposed retroactive effect of the legislation by three years. It now only applies to causes of action that accrue on or after January 1, 2021.” In sum, while the current list of people who have standing to bring a wrongful death medical malpractice claim is currently limited to the victim’s children, spouse, and possibly a parent or grandparent, the Grieving Families Act seeks to expand the list so that other close family members may bring suit, depending on the facts of the specific case.
Legal Help with Your New York City Medical Malpractice Case
If you or a loved one were injured by a doctor or medical professional’s medical malpractice in New York City, contact the experienced New York City medical malpractice lawyers at the law office of Michael Gunzburg, P.C. Do not hesitate to speak with an experienced lawyer about your case now. Contact Michael Gunzburg, P.C. today and speak with a lawyer about your rights and options.
Source:
thecity.nyc/2024/06/03/grieving-families-act-third-time-vetoed-bill/
