10.29.2024

By Brett Lean

The Grieving Families Act (GFA) has been a significant topic in New York State for several years. It aims to reform the state’s wrongful death laws. This legislation has undergone various iterations, with the most recent updates potentially having profound implications for healthcare providers and insurers.

Key Provisions of the Grieving Families Act

The GFA tries to address perceived unfairness in New York’s wrongful death laws—the Wrongful Death statute (N.Y. Est. Powers & Trusts Law § 5-4.1 (2021) allows for recovery of damages by the estate for funeral expenses, financial support, services, or parental guidance the deceased would have contributed to the family, health care expenses for the deceased, and conscious pain and suffering of the deceased before their passing.

The GFA tries to expand these recoverable damages by adopting a more comprehensive approach from other states.

Here are the basics of the Grieving Families Act:

• Expanded Eligibility: The Act broadens the definition of who can file a wrongful death claim. This includes not just immediate family members but also others with a significant relationship with the deceased.
• Damages: The Act seeks to expand the scope of recoverable damages, reflecting its intent to address both the emotional and practical impacts of a wrongful death. In addition to economic losses, such as lost wages or medical expenses, it now includes compensation for non-economic damages like emotional suffering and loss of companionship.
• In loco parentis: The Act recognizes people who acted as parents to the deceased, enabling them to seek damages if they shared a household with the deceased.
• Fact Finder Role: It maintains a provision for a fact finder (like a jury) to determine who is entitled to damages based on their relationship with the deceased.
• Streamlined Process: The Act aims to simplify the legal process for families navigating wrongful death claims, making it easier for them to seek justice.

Recent Updates to the GFA

New York State Governor Kathy Hochul has vetoed the Grieving Families Act twice now. Lawmakers have passed it for a third time with new changes they hope will entice the Governor to sign it.

The most recent updates to the GFA have introduced several fundamental changes:

• Recoverable Damages: Under the new proposal, the list of people who can seek damages is more specific than in past iterations. It still includes spouses and domestic partners, but now it also follows existing laws that define inheritance rights. This means it will consist of certain relatives based on who would inherit from the deceased. Also, the new law allows anyone who acted like a parent to the deceased (in loco parentis), especially if they lived together, to claim damages. However, there will still be a process to determine who among the potential claimants is entitled to damages based on their relationship with the deceased.
• Statute of Limitations: The statute of limitations for bringing a wrongful death action has been reduced from the prior version’s proposal of three and a half years to three years. For reference, the current statute of limitations is two years.
• Retroactive Application: The GFA may still apply retroactively, potentially affecting cases already filed or in the appeals process. However, this version of the GFA reduces the proposed retroactivity to causes of action that accrue on or after January 1, 2021, instead of July 1, 2018.

Navigating the Complex Landscape

As healthcare providers and insurers navigate the evolving landscape of wrongful death law, it is essential to stay updated on the latest changes and understand the potential consequences.

The proposed Act has significant implications for healthcare providers and insurers. The potential for increased damages, combined with the extended statute of limitations and potential retroactive application, could substantially increase wrongful death lawsuits. This could result in higher insurance premiums, increased litigation costs, and possible changes in risk management practices.

Key Considerations for Healthcare Providers and Insurers

• Risk Management: Implementing robust risk management practices can help reduce the likelihood of wrongful death claims. These may include regular staff training, adherence to established protocols, and careful documentation.
• Insurance Coverage: Review your insurance policies to ensure adequate coverage for wrongful death claims. Consider whether more coverage may be necessary to address the potential for increased damages.
• Legal Counsel: Engage experienced healthcare defense attorneys to guide them on legal issues related to wrongful death claims. They can help develop defense strategies, negotiate settlements, and represent you in court if necessary.

The proposed Grieving Families Act represents a significant shift in New York’s wrongful death laws. As legislation evolves, healthcare providers and insurers must be ready to adapt their practices and strategies. By understanding the potential implications of these changes and working with experienced legal counsel, you can better protect your interests and navigate the complex landscape of wrongful death litigation.

If you have questions about the Grieving Families Act or other facets of healthcare law, please contact Brett Lean.