I was experiencing dilation at 3 cm. The OB-GYN informed me that my baby was in a precarious position, protruding outwards. However, the hospital was unable to provide assistance. In the hallways, I witnessed other Black women sobbing inconsolably. My fear escalated, and my heart shattered.
The memory of the on-call OB-GYN in the hospital warning me about the impending loss of my child is permanently etched in my mind. Due to insurance and hospital policies, they were unable to intervene before sending me away.
In a frantic state, I rushed to another hospital.
My baby boy Jonah was delivered at a different hospital in Brooklyn, but sadly, he passed away after two hours in the NICU. I managed to survive a situation where numerous Black women have perished. Nevertheless, for the past six and a half years, I have mourned every single day.
We are currently facing a crisis. In New York, Black women are five times more likely to die during childbirth compared to white women. Furthermore, infant mortality among Black babies in New York is 2.5 times higher than that of white infants, as reported by MarchofDimes.org. These disparities are exacerbated by issues such as poverty, socioeconomic policies, limited access to healthcare, and the presence of medical bias by healthcare providers.
As a survivor of a traumatic childbirth experience, I am fully committed to introducing and supporting legislation that aims to eliminate these disparities. One of these crucial legislations is the Grieving Families Act.
My journey in advocating for maternal healthcare began with a bill I authored in honor of my son. The Jonah Bichotte Cowan Bill, signed into law in 2020, mandates hospitals to provide care for expectant mothers at risk of preterm birth. However, there is still much work to be done.
Unfortunately, New York state’s 1847 wrongful-death statute does not account for emotional damages caused by malpractice or negligence resulting in the loss of newborns or other family members. The statute merely calculates damages based on pecuniary losses, which primarily refers to the earning capacity of the deceased individual.
This approach only perpetuates disparities. For instance, Black women, on average, earn 68 cents for every dollar earned by a white man. Additionally, those of us who do not possess certain advantages cannot hold accountable those responsible for errors in malpractice or negligence, further hindering any opportunity for change and adding more grieving families to the list.
The state Legislature is determined to establish accountability. The Grieving Families Act has been passed twice with overwhelming bipartisan support. This act holds corporate wrongdoers responsible for compensating loved ones who experience grief due to negligence resulting in the death of a family member.
However, without the support of Gov. Kathy Hochul in signing the Grieving Families Act, we cannot effectuate meaningful change.
The first time the act reached the governor’s desk, lobbyists argued that it would increase insurance costs. However, this claim is unfounded. Similar arguments were made in 2018 about Lavern’s Law, which extended the statute of limitations for cancer misdiagnosis. Since its implementation, there is no data to support the claim that it led to increased malpractice premiums. In fact, premiums have decreased, along with the number of malpractice claims in New York state.
It is essential to keep the discussion centered on facts this time. The reality is that without the accountability established by the Grieving Families Act, it will be challenging to address the racial disparities in maternal and infant mortality rates within our state.
Gov. Hochul has shown strong leadership in advocating for women’s health, particularly during the aftermath of the U.S. Supreme Court’s decision on Roe v. Wade. By signing the Grieving Families Act into law, she can continue to lead the way, foster genuine accountability, combat the maternal health care crisis, and ultimately save lives.
Assemblymember Rodneyse Bichotte Hermelyn of Brooklyn represents the 42nd state Assembly District.
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