This spring, a number of studies and surveys have drawn attention to an emerging problem in the healthcare industry – care that is dictated not by medical necessity, but by fear of litigation, in short, defensive medicine. As we all know, correlation is not causation, so more rigorous analysis is needed, but emerging evidence suggests that the main driver of the surge in unnecessary care is fear of litigation. Continue reading →
In 2014, doctors and insurers in the United States paid out over $3.89 billion dollars in medical malpractice cases, an increase of 4.4% 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 →
It’s time for a change to New Jersey’s medical liability system. Lawsuits are driving up the costs of liability insurance for physicians to the point that many are restricting their practices, moving out of state, or retiring. Other physicians are practicing defensive medicine in an effort to avoid being sued, which adds to the already high cost of healthcare, and drains resources out of the system. Continue reading →
Last Monday we held a policy teleforum on DeMarco v. Stoddard, a medical malpractice case that has the potential to upend New Jersey’s malpractice insurance market. During the call, Shalom D. Stone of Brown Moskowitz & Kallen, the author of NJCJI’s amicus brief in the case, provided an overview of the issues in the case and analysis of the New Jersey Supreme Court’s oral arguments, which were held on April 27.
On Monday, April 27, the New Jersey Supreme Court is holding oral arguments in an interesting medical malpractice case. The court’s ruling in this case will signal how serious the state is about stamping out fraud and corruption, and has the potential to dramatically impact malpractice insurance premiums. Continue reading →