Could Proposed Reforms Change the Face of New Jersey Medical Malpractice Claims?

December 31, 2010

A long-standing bill slowly making its way through the New Jersey legislature urges reform of allegedly draconian state tort laws that some say are forcing qualified physicians to leave the state in droves. The legislation, Assembly Bill A-1982, sponsored by Assemblywoman Amy Handlin, aims to limit the ability of medical malpractice insurers to raise premiums on doctors unless they are actually found guilty of medical malpractice.

Current law allows a physician's medical malpractice insurer to significantly increase the cost of insurance coverage at the simple filing of a malpractice action; no finding of wrongdoing is actually required. To draw an analogy to the criminal justice system, malpractice insurance carriers are treating doctors as if they are guilty until proven innocent.

This fundamental unfairness has some in the legal and medical communities -- including Assemblywoman Handlin and representatives of the Medical Society of New Jersey, the New Jersey Chapter of the American College of Surgeons and the Monmouth-Ocean Medical Society -- viewing the promise of increased insurance premiums as having a chilling effect upon the medical community throughout the state.

Proponents of the law argue that giving physicians the opportunity to defend themselves against frivolous claims without suffering unwarranted consequences will raise the bar for health treatment for people across New Jersey by stopping the migration of some of New Jersey's most highly qualified doctors to neighboring states with more doctor-friendly insurance practices. Supporters also point to the ever-increasing expenses associated with so-called "defensive medicine" (ordering extremely comprehensive testing for even relatively minor conditions out of fear of being seen as negligent should complications arise in the future) as inflating the cost of medical care for everyone, and they argue that the reforms proffered by A-1982 will help make treatment more affordable across the board.

Opponents of the legislation fear that it will be harder for affected patients to bring legitimate medical malpractice claims and might even encourage recklessness by physicians, but since the law has not yet been passed, only time will tell. In the meantime, if you or a loved one is suffering the effects of negligent medical care, contact an experienced medical malpractice attorney in your area to learn more about your legal rights and options.

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