Study: Malpractice claims
not excessive
Friday, February 14, 2003
BY DAVID RESS
Star-Ledger Staff
New Jersey doctors may feel under fire, but people here don't seem to file many
malpractice lawsuits, according to a survey by the state's Administrative Office
of the Courts.
When they do file, juries tend to throw
out the cases, the state agency found after reviewing statistics on court
filings and verdicts.
Doctors, who staged a work slowdown last week as part of their campaign to cap
malpractice awards, say out-of-control juries and soaring out-of-court
settlements have driven up insurance to unaffordable levels.
That is a problem for everyone, the
doctors add, because they can not practice without the insurance, which is what
pays when any potential misconduct or poor care harms a patient.
But the study by the Administrative Office of the Courts, the agency that
manages New Jersey's state judicial system, found:
The number of malpractice cases filed
dropped to 1,656, from 1,776 last year.
The proportion of cases settled out of court declined to 44 percent from 47
percent.
The percentage of malpractice complaints dismissed fell to 39 percent from 44
percent.
"Considering New Jersey's population of 8 million and the tens of thousands
of diagnostic tests, medical procedures, and surgeries annually performed, the
number of cases filed does not appear to be excessive," said Jane Castner,
assistant director of the Administrative Office's civil practice division, in a
memo outlining the review's finding.
The office also reviewed malpractice cases that went to trial last year.
Of 205 cases where juries issued verdicts, they found for doctors and against
plaintiffs in 151 cases, the review found.
Of the 54 cases where juries found malpractice, damages awarded averaged
$939,000, with 18 verdicts for $1 million or more, including three for $5
million or more.
On the other hand, 12 verdicts were for $100,000 or less. About half the awards
were for less than $300,000.
"These numbers clearly demonstrate that the current malpractice system is
not a gold mine for patients who are the victims of medical negligence,"
said Bruce Stern, president of the Association of Trial Lawyers of America-New
Jersey.
Stern said the statistics show there is no need for a cap.
But Robert Conroy, general counsel for the Medical Society of New Jersey, said
jury awards aren't the only issue. Far more cases are settled without going to
court.
"All the cases that end up being dismissed have to be defended, and that
costs money," he said. "And a lot of cases are settled, and trial
lawyers love to brag about settlements in the seven or eight figures."
To slow the rise in claims, and therefore in premiums, doctors are pushing to
cap "non-economic" damages -- that is, payments for pain and suffering
or other intangible losses -- at $250,000. They say such a move would cut
premiums by 7 percent.
Malpractice premiums climbed 30 percent or more for many physicians last year.