A few months ago, Roche took the unprecedented step of asking Judge Carol Higbee, who presides over Accutane litigation in Atlantic County, NJ, to recuse herself for bias (Read Roche’s documentation here). Unsurprisingly, Judge Higbee rejected the motion. Roche has now escalated its efforts to remove her, filing an appeal motion.
All civil claims are subject to statutes of limitations, which are basically a legal “countdown” that begins when someone is injured. When the time period expires, a claim may no longer be brought. These laws promote justice, discourage unnecessary delay, and preclude the prosecution of stale or fraudulent claims. They are essential to a fair and well-ordered civil justice system. Continue reading
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.
The New Jersey Civil Justice Institute is working with a coalition of healthcare professionals and providers interested in advancing common sense reforms that will preserve patients’ access to care and help reduce health care costs.
Medical professionals often wear multiple hats. In addition to practicing medicine and standing up to a hostile malpractice climate, many doctors are also small business owners who must navigate New Jersey’s challenging business laws. Think of your dentists, general practitioners, and gynecologists.
Few people deny that the earth is getting warmer. And few people deny that New Jersey’s exodus of doctors (the so-called “Medical Brain-Drain”) will affect New Jerseyans’ access to healthcare.
New Jersey’s OBGYNs pay the seventh highest malpractice premiums in the nation, encouraging them to reduce their services or practice out-of-state, where premiums are lower.
Marcus Rayner, the President of the New Jersey Civil Justice Institute, is today moderating a panel discussion at the Medical Society of New Jersey’s 2014 Physicians Advocacy Conference on the future of medical liability reform in New Jersey. The panel will include Assemblyman Herb Conaway, Jr., MD (D-Burlington) and Senator Jennifer Beck (R-Monmouth).
The New Jersey Civil Justice Institute has filed a motion to participate as amicus curiae in DeMarco v. Stoddard. The issue in the case is whether the rule for third party recovery that applies in the automobile context should be extended to medical malpractice absent statutory foundation, thereby requiring a malpractice insurer to underwrite a claim against a doctor who lied in order to get insurance coverage.