In 2022, Raelynn Huber’s life was tragically cut short at the tender age of two due to a car crash. It was a devastating incident that occurred in Niagara County when a driver ignored a stop sign and collided with the car driven by Raelynn’s mother.
Bernadette Smith, who happens to be Raelynn’s grandmother, graciously shared her thoughts with me on what would have been Raelynn’s 5th birthday.
“My daughter called me while she was at the scene of the accident, and receiving that phone call is something I wouldn’t wish upon anyone,” expressed Smith. “What makes it even more heart-wrenching is the fact that it could have been easily prevented.”
According to Smith, the little girl was incredibly sweet, always expressing her affection through loving hugs, singing, dancing, and smiling.
After her passing, Smith has been actively supporting the implementation of the Grieving Families Act. This proposed legislation seeks to modernize the existing wrongful death statute, which has been in place for almost two centuries, in order to enable families to pursue legal action for emotional damages.
According to Smith, there is absolutely no consideration in New York State for grief, anguish, or trauma.
Governor Kathy Hochul, however, vetoed the bill for the third time.
“We feel like she continuously kicks us in the stomach, which is really cruel on her part,” Smith expressed, reflecting on the impact of her actions on their family.
According to Hochul, these changes, although well-intentioned, could have potentially led to increased costs for patients and consumers, along with other unintended consequences.
ECMC, Kaleida Health, and Catholic Health issued a joint statement expressing their appreciation for Hochul’s decision. They emphasized that the decision played a crucial role in preventing a substantial increase in premiums.
As not-for-profit healthcare institutions that provide high-quality care to hundreds of thousands of Western New Yorkers each year, regardless of their ability to pay for our services, we applaud Governor Kathy Hochul for again vetoing the Grieving Families Act. Seemingly well-intentioned, this legislation, if enacted, would have raised insurance premiums and reserves significantly. The current system protects New Yorkers and patients and holds healthcare providers accountable. It is important to note that this bill was being lobbied and pushed for by trial lawyers, who would have benefited tremendously from its passage.
In other states where similar legislation exists, there are caps in liability. Without these caps, physicians would leave for other states and much needed healthcare dollars would be redirected from patient care to insurance company premiums. We support and look forward to working with policymakers to implement meaningful malpractice reforms that address inequity in the system, protect patients, and protect access to the not-for-profit healthcare system.
According to Attorney John Elmore, she decided to align herself with the insurance industry and big corporations.
During the push to pass Lavern’s Law, the same concerns about insurance costs were raised, as the governor mentioned. The law aimed to provide cancer patients with delayed diagnoses a better opportunity to combat medical malpractice.
According to Elmore, despite the insurance industry’s projections of a 15% increase in malpractice insurance and a significant rise in claims, Lavern’s Law, which was passed in 2017, has resulted in a decrease in the number of claims and no increase in insurance policies.
Smith expressed the hope that the governor would take a moment to consider what she would do if the situation involved her own granddaughter.
Hochul expressed her openness to collaborating with legislators in order to discover solutions for families affected by the issue. The next legislative session in Albany is scheduled for next month.
Also Read:
