Lawmakers seek
malpractice fund
Tuesday, February 11, 2003
By MARK PERKISS
TRENTON - A proposed state fund to help
pay high malpractice awards would cap payouts for "pain and suffering"
at $700,000, leaving doctors personally liable for additional damages.
But for awards that are less than $1 million, doctors would see their liability
for pain and suffering payouts capped at $300,000 under the latest version of a
malpractice insurance reform bill being discussed by lawmakers.
Doctors yesterday said they opposed the fund because it does not limit the size
of awards patients can receive. But they said they are willing to work with
legislators to craft a bill.
"We think we have the framework of a bill that is favorable to all,"
said Dr. Robert Rigolosi, president of the Medical Society of New Jersey, at a
joint meeting of the Senate Commerce and Health committees.
Senators took no action on the bill and said they are still working out details,
including how much money would be needed for the fund to pay claims and how long
after a birth someone should be allowed to sue for malpractice during delivery.
Last week, Sens. John Matheussen, R-Washington Township, Gloucester County, and
Joseph Vitale, D-Woodbridge, co-chairmen of the Senate Health Committee,
predicted $25 million a year would be needed to maintain the state fund.
Yesterday, Sen. Raymond Lesniak, D-Elizabeth, said the figure could be double
that.
"We're trying to figure out how much insurance we would need, but we don't
have a final answer yet," he said.
At yesterday's hearing, Rigolosi reiterated the call by doctors for a $250,000
cap on pain and suffering awards, which are given by juries on top of
reimbursing victims for the cost of their medical care and lost wages.
That idea was vigorously opposed by Ellen Stark of Piscataway and her husband,
Martin, who said their family has been malpractice victims three times since
1983.
"The problem is bad doctors, and having a cap only protects them and keeps
them practicing," said Ellen Stark, who said her mother died in 1987 after
a doctor mistreated a kidney ailment.
"My mother's life was cut short, and she had a lot of pain and
suffering," said Stark, who settled a case against the doctor and said she
was barred from giving details of the settlement.
"The worst pain and suffering is seeing doctors that we know have harmed
our family continuing to practice," said Martin Stark. "They don't get
punished other than their malpractice rates go up. If they knew there was a real
risk that they would lose their license, you'd see many (fewer) bad doctors and
medical mistakes."
Gov. James E. McGreevey has said he will oppose any measure that makes the state
liable to pay malpractice claims.
The proposed legislation calls for health insurance companies to pay into the
fund $3 a year for each person they insure and also requires doctors, lawyers
and accountants to kick in $50 a year.
It also reduces the amount of time that can pass before a suit against an
obstetrician for malpractice during child birth can be filed. Currently lawsuits
can be filed up to the time the victim turns 21. The bill would require that
lawsuits be filed before the child turns 11.
Yesterday's hearing came days after the medical society called off a work
stoppage by doctors that saw physicians last week close their offices and
withhold all but emergency treatment to patients.
Rigolosi said the decision to call off the job action came after private
meetings with lawmakers.
NOTE: Contact Mark Perkiss at mperkiss@njtimes.com or at (609) 943-5727