New Jersey saw a 17.62% increase in total medical liability payouts last year. This statistic alone is shocking, but it is even more eye-popping when you consider overall payouts nationwide and in the Northeast region decreased in 2016. Continue reading
Our court system shouldn’t have to deal with suits over the length of sandwiches, amusement park rides that make kids too dizzy, and gassy co-workers. But it does.
Why? Because numerous state laws explicitly encourage litigation when other means of dispute resolution would be quicker and more cost effective; poorly drafted statutes invite endless lawsuits over their interpretation; and antiquated policies limit the ability of our state to improve its legal climate.
Things have gotten so far off track, New Jersey has been named one of the nation’s worst “judicial hellholes.” At this point, there is nowhere to go but up, and the time is right to make changes, both legislatively and via judicial action.
Click here to read our 2017 agenda, which is focused on bringing some common sense reform to our legal system.
A selection of the need-to-know civil justice news for the week of November 12-18.
Study Suggests Medical Tort Reform Could Save Billions
Katie Jacobson | Legal Newsline
A recent study says medical liability reform at the state level reduced total health care premiums by 2.6 percent, and that if those same reforms were made on a national level, insured Americans could save more than $15 billion.
Smoker Dies Of Lung Cancer, Family Wins $12.5M After Blaming Asbestos
Julia Marsh | NY Post
The family of a man who claimed his lung-cancer death was caused by asbestos exposure was awarded $12.5 million by a Manhattan jury — despite the fact that he smoked two packs of cigarettes a day.
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A selection of the need-to-know civil justice news for the week of September 24-30. Continue reading
A selection of the need-to-know civil justice news for the week of April 23-29. Continue reading
In order to file a medical malpractice claim, plaintiffs in New Jersey must submit an affidavit of merit from a board-certified medical professional with expertise in the medical procedure at issue attesting that the care provided by the defendant fell outside acceptable professional standards. The affidavit of merit is designed to limit frivolous claims, and ensure that physicians are being justly accused of wrongdoing.
In order to enhance the affidavit of merit statute, NJCJI is supporting Asw. Pinkin’s (D-Edison) recently introduced bill, A3620. This legislation would clarify the circumstances under which the same-specialty requirement can be waived, and require that the affidavit be filed with the complaint.
In 2015, doctors and insurers in the United States paid out over $3.95 billion dollars in medical malpractice cases, an increase of 1.68% over the previous year, and a continuation of the trend toward additional payouts after nearly a decade of decline. A closer look at the data reveals that the problem may not be rooted in quality of care, but in law and culture. Continue reading
The New Jersey Supreme Court has released its opinion in the interesting medical malpractice case, DeMarco v. Stoddard. The 5-2 majority opinion overturned an Appellate Division decision that had treated medical malpractice insurance like auto insurance, and reaffirmed the court’s commitment to applying the law as written.
The New Jersey Supreme Court has today released its opinion in the interesting medical malpractice case, DeMarco v. Stoddard. The 5-2 majority opinion overturned an Appellate Division decision that had treated medical malpractice insurance like auto insurance, and reaffirmed the court’s commitment to applying the law as written. Continue reading
A selection of the need-to-know civil justice news for the week of March 28-April 2. Continue reading