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Medical Malpractice News Science Medical Journal GM Foods Health Foods Health Warning Feedback What is Medical Malpractice All About Medical Malpractice Medical Malpractice Topic Area malpractice-medical.com Medicalmal.com your guide to medical negligence litigation Medical-Malpractice.com Medical Malpractice Victims Organization Hookman.com articles, discussions of malpractice cases Medical and Surgical Litigation Consultants Encision Reports Willis-Knighton Health System Converting to AEM Surgical Instruments; Hospital System Performs Over 5,000 Laparoscopic Procedures Per Year Stockhouse 5/14/02 > Business Editors & Health/Medical Writers | BOULDER, Colo.--(BW HealthWire)Encision Inc. (OTCBB:ECSN), a manufacturer of patented surgical i... OB-GYNs Are Having Second Thoughts Newsday Dr. Juliana Opatich has been delivering babies for 19 years. She works in Bethpage and watches many of the children she's brought into the world playi... Malpractice insurance ails docs, hospitals Amcity Kelly McClurg Staff | Medical malpractice and liability insurance premiums haven't yet reached a crisis point in Birmingham, but doctors and ho... Doctors Convicted more... Cancer Treatment to Resume Tomorrow AfricaNews Medical Students Demonstrate AfricaNews State Seeks to Make Anti-Retroviral Drugs Affordable AfricaNews Misdiagnosed more... Mother who strangled son a 'misdiagnosed schizophrenic' Unison Woman was a 'misdiagnosed schizophrenic Online Ireland Valley Doctors Misdiagnose Their Medmal Insurance Woes, According to Texans For Public Justice PR Newswire How to Prepare for a Lawsuit What To Do If You're Sued for Malpractice Medical and law your guide to medical negligence litigation Thedoctors.com the nation's largest physican-owned malpractice insurer. Nursinghomemalpractice.com Floridamalpractice.com Attorneyformalpractice.com Medical World Search Philadelphia's premier catastrophic injury and complex litigation firm Summary of United States medical malpractice law Malpractice Article Index Tue 14 May 2002 .Pro domain gets selective International Herald Tribune Doctors, lawyers and certified public accountants are welcome to apply. Hairdressers, plumbers and real estate agents are maybes. Don't even bother if... Mon 13 May 2002 Court orders archdiocese to turn over medical records of accused priest Boston Herald BOSTON - The Boston Archdiocese was ordered Monday to immediately turn over psychiatric and medical records of the Rev. Paul Shanley, the retired prie... Malpractice insurance ails docs, hospitals Amcity Kelly McClurg Staff | Medical malpractice and liability insurance premiums haven't yet reached a crisis point in Birmingham, but doctors and ho... Attorneys Sheldon Flanzig, Daniel Flanzig and Cathy Flanzig Launch New Mineola-based Law Firm Business Wire Business Editors/Legal Writers | MINEOLA, N.Y.--(BUSINESS WIRE)--May 13, 2002-- | Flanzig and Flanzig to Draw on Decades of Experien... Interchange Medical Commences Trading on NASD OTC Bulletin Board Stockhouse 5/13/02 FORT LAUDERDALE, Fla., May 13, 2002 /PRNewswire-FirstCall via COMTEX/ -- Interchange Medical Inc. (OTC Bulletin Board: ICMI), a developer of i... Court Demands Priest's Medical Records The Associated Press | BOSTON (AP) - The Boston Archdiocese was ordered Monday to immediately turn over psychiatric and medical records of the Rev. Paul Shanley, the ... Church Ordered to Turn Over Shanley's Medical Records Fox News BOSTON - The Boston Archdiocese was ordered Monday to immediately turn over psychiatric and medical records of the Rev. Paul Shanley, t... No previous results Next 20 results Medicine and Law Patients oppose medical notes law change Patients are strongly opposed to government moves to give civil servants and ministers powers to acc... Seized medicinal pot isn't easy to get back / Confusion over federal, state laws Got pot? Maybe not: Medicinal marijuana users who had drug charges dropped against them might not ge... Tories may tighten medical insurance laws Private medical insurers would face a swathe of commercial regulations governing their healthcare po... Stuart Widow Sues Over Husband`s Death From Ingredient Found in Many Popular OTC and Prescription Products; Is Danger Lurking in Your Medicine Cabinet Business Editors/Legal & Medical Writers | WEST PALM BEACH, Fla.--(BUSINESS WIRE)--April... Top WN Network Feedback Jobs Forum Submit Photo Opinion Ads ©2001 WN.com
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New Jersey Medical Malpractice Summary
NEW JERSEY
Statutes of Limitations Statutory Cap on Attorneys' Fees
Contributory or Comparative Negligence Periodic Payments
Joint and Several Liability Collateral Source Rule
Contribution Pre-Judgment Interest
Vicarious Liability Patient Compensation Funds
Expert Testimony Immunities
Damage Caps Arbitration
Statutes of Limitations
A medical malpractice action, like other personal injury actions, must be brought within two years from the date the cause of action accrued. N.J. Stat. Ann. § 2A:14-2 (West 1987). New Jersey courts have read a discovery rule into this statute, holding that a cause of action does not accrue so long as a party reasonably is unaware either that he has been injured, or that the injury is due to the fault of an identifiable person. Savage v. Old Bridge-Sayreville Medical Group , 260 N.J. Super. 417, 616 A.2d 1307 (App. Div. 1992). If, at the time the cause of action accrued, the claimant was under the age of 21 or insane, the time does not begin to run until the disability is removed. N.J. Stat. Ann. § 2A:14-21 (West 1987).
Wrongful death actions must be brought within two years from the date of death. N.J. Stat. Ann. § 2A:31-3 (West 1987).
Contributory or Comparative Negligence
New Jersey has adopted the doctrine of modified comparative negligence. N.J. Stat. Ann. § 2A:15-5.1 (West 1987). Under this doctrine, a claimant's action is barred if his negligence exceeds the combined negligence of all defendants. Otherwise, the claimant's recovery is diminished in proportion to his percentage of negligence. Id .
Joint and Several Liability
In a negligence action in New Jersey, the trier of fact must determine each party's negligence as a percentage of the combined negligence of all parties. N.J. Stat. Ann. § 2A:15-5.2 (West Supp. 1997). Any defendant whose negligence is 60 percent or more is jointly and severally liable for the claimant's entire damages. N.J. Stat. Ann. § 2A:15-5.3 (West Supp. 1997). One whose negligence is less than 60 percent is only severally liable for that portion of the claimant's total damages that is equal to his percentage of negligence. Id .
Contribution
The Joint Tortfeasors Contribution Law provides for contribution when one tortfeasor has paid more than his pro rata share of a judgment. N.J. Stat. Ann. §§ 2A:53A-1 to 2A:53A-5 (West 1987). The courts have held that the effect of comparative negligence on contribution is to change the measure from pro rata share to percentage of negligence. Dunn v. Praiss , 139 N.J. 564, 656 A.2d 413 (1995).
Vicarious Liability
While New Jersey courts generally hold that a hospital is not liable for the negligent acts of non-employed physicians, the doctrine of ostensible or apparent agency has been applied where the court thought it would be natural for a patient to assume that his treating physicians were employees of the hospital. Arthur v. St. Peters Hospital , 169 N.J. Super. 573, 405 A.2d 443 (App. Div. 1979).
Expert Testimony
In a medical malpractice case based on facts occurring on or after June 29, 1995, within sixty days of the commencement of the action plaintiff must file an affidavit by an appropriate licensed person stating that there exists a reasonable probability that the care, skill, or knowledge exercised in the treatment fell outside acceptable professional standards or treatment practices. N.J. Stat. Ann. § 2A:53A-27 (West Supp. 1997). Expert testimony is necessary proof in a medical malpractice action, unless the matters alleged are within a layman's common knowledge. Rosenberg v. Cahill , 99 N.J. 318, 492 A.2d 371 (1985).
Damage Caps
For actions filed on or after October 27, 1997, no defendant is liable for any punitive damages in any action for an amount in excess of five times the liability of that defendant for compensatory damages, or $350,000, whichever is greater. N.J. Stat. Ann. § 2A:15-5.14(b) (West Supp. 1997).
Statutory Cap on Attorneys' Fees
New Jersey has prescribed limits on attorneys' contingent fees for many years. Under the latest schedule, effective September 1, 1996, those fees may not exceed the following amounts: (a) 33 1/3 percent of the first $500,000, (b) 30 percent of the second $500,000, (c) 25 percent of the third $500,000, (d) 20 percent of the fourth $500,000, and (e) a reasonable amount approved by the court for the excess over $2 million. N.J. Ct. R. § 1:21-7 (West Supp. 1997). If the claimant is a minor or incompetent, no fee may exceed 25 percent of any pre-trial settlement. Id .
Periodic Payments
New Jersey does not provide for the use of periodic payments to satisfy judgments in medical malpractice actions.
Collateral Source Rule
In New Jersey, collateral benefits received by the claimant must be deducted from the claimant's recoverable damages. N.J. Stat. Ann. § 2A:15-97 (West Supp. 1997). Any amounts paid for such benefits by the claimant or the claimant's family must be added to such damages, however. Id .
Pre-Judgment Interest
New Jersey requires the award of interest calculated from the date the action was commenced or six months from the time the cause of action accrued, whichever is later. The rate floats on the basis of an index and was equal to 5.5 percent in 1997. N.J. Ct. R. § 4:42-11(b) (West Supp. 1997). In exceptional cases, the court may suspend the accrual of such interest. Id .
Patient Compensation Funds and Physician Insurance
New Jersey has not established a patient compensation fund, and it does not require its licensed physicians to carry liability insurance.
Immunities
New Jersey has waived sovereign immunity for itself and its counties, municipalities, and other political subdivisions to the extent set forth in the New Jersey Tort Claims Act. N.J. Stat. Ann. § 59:1-1 et seq . (West 1992 & Supp. 1997). Public entities retain their immunity from liability for, inter alia , the following: (1) failure to provide a medical facility or mental institution; (2) failure to provide sufficient equipment, personnel, or facilities in a mental institution or medical facility; (3) a decision to perform or not to perform any act to promote the public health of the community; (4) failure to make an adequate physical or mental examination of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety to himself or others, unless such examination or diagnosis was for the purpose of treatment; (5) failure to diagnose that a person is afflicted with a mental illness or is a drug- dependent person; (6) the decision whether to confine a person for mental illness or drug dependence, including the terms and conditions of such confinement; and (7) injury caused by an escaping or escaped person who had been confined for mental illness or drug dependence. N.J. Stat. Ann. §§ 59:6-2 to 59:6-7 (West 1992).
Public entities are not liable for pre-judgment interest or punitive damages. N.J. Stat. Ann. § 59:9-2 (West 1992). In addition, public entities are not liable to claimants for damages for pain and suffering, unless the claim involves the loss of a bodily function, permanent disfigurement, or dismemberment, and the medical treatment expenses are in excess of $1,000. Id . No action may be brought against a political subdivision unless notice of the claim has been given within 90 days from the date the cause of action accrued. The court has discretion to extend this to one year absent prejudice to the political subdivision. N.J. Stat. Ann. §§ 59:8-8 and 59:8-9 (West Supp. 1997). Moreover, a complaint must be brought within two years from the time the cause of action accrued. N.J. Stat. Ann. § 59:8-8 (West Supp. 1997). A claimant's minority or mental incapacity tolls these periods. Id .
In addition, the New Jersey Tort Claims Act provides that "nothing contained in this supplementary act shall inure to the benefit of any insurance company which has issued a policy of liability insurance or to any person who is obligated to indemnify a public entity or public employee." N.J. Stat. Ann. § 59:10-9 (West 1992). Thus, to the extent a public entity carries applicable liability insurance, the limited immunities provided in the act do not apply.
New Jersey also provides non-profit entities organized exclusively for, inter alia , hospital purposes, immunity as to claims made by the hospital's intended beneficiaries for damages in excess of $250,000. N.J. Stat. Ann. §§ 2A:53A-7 and 2A:53A-8 (West Supp. 1997). A hospital's agents or servants, however, are not exempt from liability. Id . The increase in the maximum liability from $10,000 to $250,000 applies prospectively only to claims accruing on or after July 31, 1991. Schiavo v. John F. Kennedy Hospital , 258 N.J. Super. 380, 609 A.2d 781 (App. Div. 1992), aff'd mem. , 131 N.J. 400, 620 A.2d 1050 (1993).
Arbitration
New Jersey requires the reference of personal injury claims to an arbitrator if the amount in controversy is $20,000 or less. N.J. Stat. Ann. § 2A:23A-20 (West Supp. 1997). The arbitrator's decision is inadmissible and non-binding. Assembly Ins. Comm. Statement, Senate, No. 2709-L.1987, C.329.
Copyright © 1990-1998 McCullough, Campbell & Lane. All Rights Reserved.
Revision Date: February 6, 1998
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Updated: Tuesday, May 14, 2002
New Jersey Hospital Association
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New Jersey 08543-0001
609-275-4000
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Daily Message Tuesday, May 14, 2002 Itemized Hospital Bill Legislation Held in Assembly NJHA successfully convinced Assemblyman Anthony Impreveduto (D-Secaucus) to hold his itemized hospital bill legislation from Assembly vote on Monday, May 6, to provide an opportunity to meet to discuss our concerns. The bill, A-1857, would require healthcare facilities to provide an itemized bill to a patient that details provided services in plain language. Postponing the vote gives NJHA an opportunity to discuss concerns that sending itemized bills to all patients would impose an unnecessary, increased administrative burden on healthcare facilities, billing departments and customer service staff. A-1857 was amended in the Assembly Health and Human Services Committee, March 4, to exempt healthcare facilities from providing itemized copies of bills to Medicare and Medicaid recipients and to change the effective enactment date from 60 to 180 days. NJHA will be meeting with the sponsor to discuss other potential amendments to the bill.
Daily Message Library
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Daily Message provides information of interest to healthcare
professionals in New Jersey concerning breaking news
or recent legislation.
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Results from search: http://www.njha.com/press/press.031402.html
The New Jersey Hospital Association - Press Releases
Press Releases
For Immediate Release
Contact:
Ron Czajkowski , 609-275-4071
Betsy Ryan , 609-275-4241
March 14, 2002
SURVEY: TRIPLE-DIGIT MALPRACTICE PREMIUM HIKES
COULD HAVE LINGERING IMPACT ON HEALTHCARE SYSTEM
Princeton, NJ - New Jersey hospitals' medical malpractice insurance premiums jumped an average of 250 percent over the last three years, and 65 percent of facilities said skyrocketing insurance rates are driving some physicians out of the practice of medicine.
Those findings were among the results of a new survey by the New Jersey Hospital Association to gauge the effects of rising medical malpractice insurance rates on the state's healthcare industry. More than half of NJHA's 106 member hospitals responded to the survey, and their responses provided a sobering study of escalating costs, reduced availability of insurance, and ultimately, worries that patients may experience difficulty accessing certain healthcare services.
"We should consider this information a wake-up call," said Gary Carter, NJHA's president and CEO. "The fact that malpractice insurance is becoming more expensive is no great surprise. But we should be alarmed that these skyrocketing prices are driving many physicians out of medicine and threaten to have far-reaching effects on our state's healthcare system."
According to the survey, seven out of 10 New Jersey hospitals experienced increases in their professional liability insurance premiums last year. The average hospital saw its premium jump from $373,328 in 1999 to $942,539 this year, an increase of 252 percent.
In other findings, the survey showed:
78.2 percent of hospitals said their physicians had experienced sizeable increases in their medical malpractice insurance premiums.
74.5 percent of hospitals said they have had one or more physicians dropped from coverage entirely.
64.8 percent of hospitals said they have had physicians cease the practice of medicine or plan to leave practice because they were dropped from coverage or could not afford the premium increases.
Respondents said OB/GYNs and surgeons were the types of physicians who most often reported dramatic malpractice insurance price hikes.
Both hospitals and physicians maintain malpractice insurance coverage. Hospital professional liability insurance generally covers the institution, physicians employed by the facility and other direct care providers. The names of the physicians covered are generally listed in the policy, and there is a correlation between the cost of covering individual physicians and the overall policy cost for the hospital.
In this survey, only hospital executives were surveyed. Their responses included reports on malpractice insurance premiums for physicians within their facilities.
Respondents were asked about the impact rising rates have had on their hospitals. Many cited the overall fiscal impact on hospital budgets. One hospital administrator called the impact a "direct hit to the bottom line, which means less money for salaries, equipment, supplies, building maintenance, etc."
The survey also asked respondents' opinions on the potential future impact of skyrocketing medical malpractice insurance rates. The most common response? A loss of ability for hospitals to provide specialty services to their communities.
NJHA General Counsel Betsy Ryan shared the survey results Thursday with members of the state Senate Health, Human Services and Senior Citizens Committee, who held a hearing to gather testimony on the growing problem. NJHA praised the committee's co-chairmen, Sens. Joe Vitale (D-Woodbridge) and John Matheussen (R-Washington Township), for taking a proactive stand to confront this critical issue.
"These survey responses make it clear that what's at stake is much more than hospitals' bottom lines and physicians' earnings," said Ryan. "Without relief from these rapidly escalating premiums, more and more physicians will be driven out of healthcare, and hospitals will face difficult decisions about what services they will - and will not - be able to provide. It's the patient who will feel the ultimate impact. We look forward to working with Health Committee members and other state leaders to avert such a crisis."
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Results from search: http://www.axismgmt.com/ax101tk.html
AXIS Management Group and Medical Liability Resource Center Announce Strategic
Partnership to Develop Provider Sponsored Medical Malpractice Insurance Captives
AXIS
Management Group, LLC and Medical Liability Resource Center, Inc. Announce Strategic
Partnership to Develop Provider Sponsored Medical Malpractice Insurance Captives
PHILADELPHIA, PA, May 5, 1998/PR
Newswire/- AXIS Management Group, LLC (AXIS) announced today a strategic partnership with
Medical Liability Resource Center, Inc. (MLRC) of Walwick, NJ to develop self insured
medical malpractice captives for provider groups and other healthcare organizations.
Medical malpractice insurance is one
of the highest cost items to most provider groups. Through captive programs, such as the
ones developed through this alliance, it has been demonstrated that medical malpractice
costs can be reduced for most groups between 15% and 25%, while reducing the downside risk
of excess losses by properly reinsuring the products with qualified reinsurers.
Mike W. Smith, President and CEO of
AXIS Management Group reported, "Our goal is to assist medical groups and healthcare
companies in reducing costs and creating operational efficiencies." This partnership
with MLRC adds another dimension to the services currently provided by AXIS and will
enhance its ability to better serve clients. According to Jeffrey P. Tindall, Vice
President of Marketing, "We believe that by forming strategic partnerships with only
the best firms in each sector of the healthcare industry, we can expand our services and
provide greater value to our clients."
AXIS provides full service
consulting solutions to insurance companies, HMOs, provider-sponsored organizations (PSOs)
and other managed care organizations. Its professionals include accountants, actuaries and
brokers. MLRC is a licensed insurance and reinsurance brokerage firm that specializes in
providing its clients with creative alternatives for professional, general, and corporate
liability exposures. The combination of AXIS' financial experts and MLRC's
industry experience creates synergy and value to its clients.
AXIS Management Group LLC is
headquartered at 125 Village Boulevard, Suite 310, Princeton, NJ 08540. The phone number
is (609) 987-2335, the fax number is (609) 987-2337, and the corporate World Wide Web
address is http://www.axismgmt.com.
For further information contact:
Jeffrey P. Tindall
Vice President, Marketing
AXIS Management Group, LLC
[ Tax Saving Strategies for Independent Practice Associations ] [ Medical Malpractice Alternatives for Provider Organizations ] [ Private Labeled Community Health Insurance Plans - how to create a private label community health plan. ] [ Capital and Surplus Issues Affecting Managed Care Organizations ] [ AXIS Management Group and Medical Liability Resource Center Announce Strategic Partnership to Develop Provider Sponsored Medical Malpractice Insurance Captives ] [ AXIS Management Group President/CEO featured as guest speaker at medical CPA conference ] [ AXIS Management Group names Jeffrey P. Tindall Vice President of Marketing ] [ AXIS Insurance Services Announces Launch of Operations as a Life, Health, and Propoerty/Casualty Insurance Brokerage ] [ Mike Smith, Guest Speaker at Provider Excess Loss Association (PELA) Conference ]
Results from search: http://www.axismgmt.com/ax109tk.html
AXIS Insurance Services Announces Launch of Operations as a Life, Health, and
Propoerty/Casualty Insurance Brokerage
AXIS Insurance Services,
LLC Announces Launch of Operations as Life,
Health, and
Property/Casualty Insurance Brokerage in New Jersey
PRINCETON, NJ, May 11,
1999/PR Newswire/- AXIS Insurance Services, LLC today announced the launch of
operations for its life, health, and property/casualty insurance brokerage in Princeton,
New Jersey.
AXIS Insurance Services specializes in
developing insurance solutions for small groups, associations, and provider sponsored
organizations. Some of the unique insurance programs that AXIS Insurance Services will
offer to its clients include Provider Stop Loss, Professional Liability insurance,
Worker's Compensation, General Liability, Group Life, Group Health, and Accidental
Death and Dismemberment, among other coverages.
AXIS Insurance Services, LLC will have a
specific focus on developing specialty programs for provider groups, community based
private labeled health plans, and associations. AXIS Insurance Services is currently
working with several Provider Sponsored Organizations in putting together programs for its
providers that will save considerable premium dollars on their professional liability
(malpractice) insurance, worker's compensation, general liability, E/O, D/O, and
Business Office Policies (BOP). According to Mike Smith, President and CEO of AXIS
Insurance Services, "We are seeing that there is tremendous opportunity for groups
and associations to harness their strength and size to negotiate significant discounts on
their needed insurance coverages."
AXIS Insurance services will also be focusing on
life, health, and property and casualty products for the small group and individual
markets. Proving that you don't have to be a Fortune 500 company to gain significant
group rates on health insurance, AXIS offers solutions for the small group employer. AXIS
Insurance Services can also match individuals seeking health, life and other coverages,
with the appropriate policies at reasonable rates.
AXIS Insurance Services is a member of the AXIS
Management Group family of companies. AXIS Management Group is a full service managed care
consulting firm specializing in community based private labeled health plans, mergers and
acquisitions, and reinsurance.
Additional information on AXIS Insurance
Services is available by calling our corporate headquarters at 609-987-2335 or by visiting
their website at http://www.axisins.com .
For
further information contact:
Jeffrey
P. Tindall, Vice President Phone: 609-987-2335
AXIS
Insurance Services, LLC Fax: 609-987-2337 Fax
125
Village Boulevard, Suite 310 http://www.axisins.com
Princeton,
NJ 08540
[ Tax Saving Strategies for Independent Practice Associations ] [ Medical Malpractice Alternatives for Provider Organizations ] [ Private Labeled Community Health Insurance Plans - how to create a private label community health plan. ] [ Capital and Surplus Issues Affecting Managed Care Organizations ] [ AXIS Management Group and Medical Liability Resource Center Announce Strategic Partnership to Develop Provider Sponsored Medical Malpractice Insurance Captives ] [ AXIS Management Group President/CEO featured as guest speaker at medical CPA conference ] [ AXIS Management Group names Jeffrey P. Tindall Vice President of Marketing ] [ AXIS Insurance Services Announces Launch of Operations as a Life, Health, and Propoerty/Casualty Insurance Brokerage ] [ Mike Smith, Guest Speaker at Provider Excess Loss Association (PELA) Conference ]
Results from search: http://www.insure.com/states/nj/miix502.html
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insure.com - insurance in New Jersey - New Jersey OKs new business plan for state's largest medical malpractice insurer
New Jersey OKs new business plan for state's largest medical malpractice insurer
By Vicki Lankarge insure.com
The New Jersey Department of Banking and Insurance has approved the state's largest medical malpractice insurer's plans to stop renewing policies and to file a proposal for a successor company.
"Doctors covered by MIIX will be entitled to their full coverage limits."
Financially beleaguered MIIX Insurance Co. will be allowed to immediately stop writing malpractice insurance for out-of-state physicians, to continue existing policies through expiration, and, after 90 days, to stop renewing policies in New Jersey. Additionally, MIIX plans to form another company to cover its clients, subject to the department's approval.
New Jersey Banking and Insurance Commissioner Holly C. Bakke calls MIIX's situation a "solvent runoff" rather than an insolvency that would force doctors and hospitals currently covered by the company to seek alternate coverage under the state's Property-Liability Insurance Guaranty Association, where coverage is capped at $300,000. This limit is much less than doctors typically need to stay in practice, and some might have stopped treating patients in order to avoid personal exposure to a malpractice lawsuit.
"If our doctors cannot practice because they can't get insured, New Jersey's patients lose," says Bakke. "Doctors covered by MIIX will be entitled to their full coverage limits, and this will help them keep serving patients in New Jersey."
According to the commissioner, actuarial reports ordered by the department show that MIIX currently has sufficient assets to pay claims on existing policies as they come due. MIIX has about 7,000 New Jersey policies in force, or about 37 percent of the state's medical malpractice insurance market.
Last updated May 9, 2002
$5K - $20K
$25K - $100K
Results from search: http://www.safeco.com/safeco/insurance/selectmarkets/sm_malpract.asp
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Results from search: http://www.nso.com/newsletters/advisor/2000/nurse/ra5.php
Nursing medical malpractice / professional liability insurance, newsletter, articles, continuing education,
and legal case study for RN, LPN, nurse practitioner, clinical nurse specialist
Winter 2000
1-800-247-1500
service@nso.com
WHAT'S INSIDE
In the know about medication errors
Lessons from Court
Customer Service Corner
Legal Tips & Tidbits
Bouncing Back From Stress
Patient Teaching Tips
Nurses Ask
VOLUME
9, NUMBER 1
NURSES ask
Answering
your questions
WHAT TO DO AFTER AN ERROR
Q Yesterday,
I applied a heating pad to my patient's left calf when I was supposed
to treat the right. He didn't develop an adverse reaction and was discharged
this morning. How should I protect myself in a situation like this?--A.K.,
MN
A The
first thing you need to do after an error of this type is notify the
physician. Then document details of the treatment you administered and
any actions taken as a result of the error.
You also need to fill out an incident
report. This is essential to alert the facility administrators of the
problem. The sooner they can investigate what happened, the better equipped
they'll be to speak with the patient and his family and possibly prevent
a lawsuit. If necessary, they can also change any policies and procedures
that may have contributed to the error.
If you're tempted to discuss an error
with colleagues, hold your tongue. Anything you say can be used against
you in court. And although some nurses like to keep a personal record
of unusual events, this practice could backfire if the patient sued:
His attorney could question you about your notes and require you to
turn them over.
FAR-REACHING COVERAGE
Q I'm
an RN. Does my NSO policy cover my license in more than one state or
outside the United States?--K.Q., NJ
A
Your NSO policy provides coverage for your professional services related
to medical incidents anywhere in the world. If someone makes a claim,
it must be brought against you in the US, its territories and possessions,
or Canada. Professional services are those you're licensed, trained,
and qualified to perform in your capacity as a nurse.
If you work in a state where you don't
live, check with the state nursing board to determine its practice requirements.
Regardless of any restrictions, you'll be protected if you provide care
during an emergency because your services are unpaid.
AN EDUCATIONAL BENEFIT
FROM NURSES SERVICE ORGANIZATION, PROVIDERS OF INSURANCE TO OVER 1 MILLION
NURSES SINCE 1976
NSO Risk Advisor is intended to inform
Nurses Service Organization customers of potential liability in their
nursing practice. It reflects general principles only. It is not intended
to offer legal advice or to establish appropriate or acceptable standards
of professional conduct. Readers should consult with a lawyer if they
have specific concerns. Neither NSO, the nso Risk Advisor, nor CNA insurance
companies assume any liability for how this information is applied in
practice or for the accuracy of this information. The CNA professional
liability insurance policy for nurses is underwritten by American Casualty
Company of Reading, PA, a CNA company. CNA is a registered service mark
and trade name of CNA Financial Corporation.
The nso Risk Advisor is published by
Affinity Insurance Services, Inc., a member of the Aon Services Group,
Inc. Headquarters are located at 159 E. County Line Road, Hatboro, PA
19040-1218. Phone: (215) 773-4600. © 2000 by Affinity
Insurance Services, Inc. All world rights reserved. Nurses Service Organization
is a registered trade name of Affinity Insurance Services, Inc.
EDITORIAL INFORMATION: Send comments
and questions c/o NSO Risk Advisor at 159 E. County Line Road, Hatboro,
PA 19040-1218. Due to space limitations, all editorial sources and references
may not be listed, but they may be available on request. Reproduction
without permission of the publisher is prohibited.
ADVISORY BOARD
Gail
DeMarco, RN, MSN
Associate Director, Nursing Practice
and Services Program, New York State Nurses Association,
Latham, NY
Joan Garner, RN, MN
Director of Nursing Practice, Education,
and Government Affairs, Washington State Nurses Association, Seattle,
WA
Karen Shedd Guarino, BSN, JD
Nurse-Attorney, King & Spalding,
Atlanta, GA
Ann Helm, RN, MS, JD
Trial Consultant and Associate Professor,
Health Law,
Portland, OR
Donna Middaugh, RN, MSN
Faculty, Nursing Administration and
Pediatric Nursing,
Little Rock, AR
Patricia Nornhold, RN, MSN
Vice President, Journal Editorial
and Continuing Education, Springhouse Corp.,
Springhouse, PA
Barbara Resnick, PhD, CRNP
Assistant Professor, University of
Maryland,
Baltimore, MD
Laurie N. Sherwen, RN, PhD, FAAN
Dean and Professor, The College of New Jersey, School of Nursing,
Trenton, NJ
Sally Sumner, RN, CCRN
Co-owner of Supplemental Staffing and
Elder Care Service and Home Care Agency,
Glen Mills, PA
Publisher: Michael Loughran
Associate Publisher: Dolores A. Hunsberger
Managing Editor: Rosanne Schussler
Editors: Rose G. Foltz, Miriam McCauley
Designer: Michael Trinsey
Copy Editor: Nancie Weikel
Clinical Consultant: Cheryl L. Mee, RN,
MSN
AN
EDUCATIONAL BENEFIT FROM NURSES SERVICE ORGANIZATION, PROVIDERS OF INSURANCE
TO OVER 1MILLION NURSES SINCE 1976
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