A study by the Council of Teaching Hospitals has warned of a shortage of doctors in New Jersey. It's true that some groups believe the shortage is caused by the high cost of medical malpractice insurance for doctors in the state and are pushing for medical malpractice law reform. But there would be no such problem if doctors stopped committing harmful errors, such as surgical errors or failure to diagnose cancer. Victims' rights should not be limited because of medical providers' mistakes.
A Shortage of New Jersey Doctors
In a January 2010 report, the Council of Teaching Hospitals noted that almost all counties in New Jersey have a number of primary care doctors below the national average of 88 primary care physicians per 100,000 residents. The report warned that by 2020, the statewide deficit of doctors could reach 2,800.
Calls for Medical Malpractice Law Reform
Some groups claim that the appropriate response to the doctor shortage is to reform medical malpractice laws in the state. The New Jersey Lawsuit Reform Alliance (NJLRA), a statewide group that represents certain businesses and law firms, as well as medical and nursing associations, contends that New Jersey's laws do not adequately protect doctors from lawsuits. The NJLRA is concerned that in the state's medical malpractice insurance costs are too high.
The NJLRA is lobbying for change in New Jersey's medical malpractice laws, and the issue has gained the attention of some state legislators. Senator Loretta Weinberg and Assemblywoman Amy Handlin are co-sponsors of medical malpractice reform bills in both the New Jersey Senate and House of Representatives.
The bills include several different provisions. One would bar insurers from raising a doctor's premiums just because the physician is being sued. Other provisions would protect volunteer "good Samaritan" doctors from civil liability and shorten the length of time allowed for filing a lawsuit to not more than four years after the alleged incident.
The Real Problem Is Preventable Errors
The problem with the NJLRA's argument is that medical malpractice law reform would not get to the root of the problem, which is mistakes by the medical community. As the New Jersey Association for Justice (NJAJ) has pointed out, high medical malpractice insurance costs can be alleviated by taking steps to prevent errors by doctors, nurses and hospitals.
According to the NJAJ, 98,000 people died from preventable medical errors in 2009, making it the sixth-highest cause of death in the United States. The NJAJ president said that if any other industry caused as much death and despair, "the focus would not be on giving them reform and breaks and protection," but "getting at the underlying root of the problem."
Indeed, a sure way to lower medical malpractice insurance premiums is to reduce preventable medical errors. Doing so would benefit patients as well as the medical community.
In addition, the NJAJ president argues that changes to New Jersey's medical malpractice laws might deny patients' right to trial. Such a limitation should be avoided, especially in light of evidence that the number of medical malpractice lawsuits has decreased by 45 percent over the last 14 years.
If you or a loved one has suffered harm from poor treatment by a medical provider, contact an experienced medical malpractice attorney in your area. A lawyer can discuss any legal claims you may have and help you understand the right to recovery for medical ma
From our law offices in Hackensack and Manhattan, Kirsch Gartenberg Howard LLP has served individuals and businesses across northern New Jersey, including Bergen County, Essex County, Union County, Middlesex County and Passaic County, and the five boroughs of New York City since 1984.
