In my last President’s Message I spoke about the impending fight to save patient access to care by stabilizing professional liability premiums. In order to accomplishh this goal we must have medical liability tort reform. The State Senators, State Assemblymen and Governor McGreevey have been strongly opposed to caps on non-economic damages. This is quite obviously due to the influence of the trial lawyers.

Initially the legislators and Governor McGreevey refused to acknowledge that a crisis exists. Through a barrage of phone calls, letters, and e-mails they were forced to acknowledge the medical professional liability crisis.

When we first met with representatives of the New Jersey Senate they refused to discuss caps on non-economic damages. Following a work slowdown and a rally at the Statehouse in Trenton in February they agreed to discuss tort reform. Many hours of contentious negotiations culminated in passage of a bill in the New Jersey State Senate on March 20th. This bill includes a $300,000 cap on non-economic damages. That is the maximum amount you or your liability carrier would be required to pay for any judgment. They would not agree to that however without the formation of an additional fund. Any plaintiff that receives a judgment which includes more than a $300,000 award for non-economic damages can apply to the fund for up to $700,000 in additional monies. This fund is limited to an annual outlay of $20 million dollars and may never go into debt. This limit should avoid the catastrophy taking place in Pennsylvania. In order to finance this fund, doctors, lawyers, dentists, chiropractors and others will be assessed an annual $50.00 charge. The rest of the money will come from a surcharge on employers of $3.00 for each employee. The bill also addresses expert witnesses and shortens the statue of limitations. The entire bill can be seen on the Morris County Medical Society web site at www.mcmsdocs.org and at the Medical Society of New Jersey web site, www.msnj.org.

Is this bill perfect? No, it is not. However, according to an independent actuary it should stabilize the professional liability crisis in New Jersey. In order for this bill to become law it must be passed by the New Jersey State Assembly and then be signed by Governor McGreevey. The Democratic Party holds a large majority in the Assembly. The trial lawyers have bought significant influence in the Assembly and with the Governor.

On April 9th representatives from the Medical Society of New Jersey met with leaders of the Democratic Party from the New Jersey State Assembly. Once again, they do not want to hear about tort reform. Incredibly, their solution to the present professional liability crisis is to loan doctors money to pay their skyrocketing premiums. This is totally unacceptable. They feel we have run out of energy and can’t mobilize ourselves as we did in February. We must prove them wrong! Call the members of the Assembly and Governor McGreevey's office.

Get all your patients, friends, family members and employees to call, write or e-mail. A rally is scheduled to take place on May 15th at the Statehouse in Trenton. It must be even bigger than the rally in February! Bring your patients, friends, family members and employees. We hope to have buses available for transportation. If the Assembly does not act responsibility and place caps on non-economic damages another work slowdown will take place in June.

All 120 members of the New Jersey State Legislature are up for reelection this year. We must show them that if they do not enact tort reform we will work hard to replace them. Politicians respond to money and votes!!! All of us must take action in order to achieve our goal! Against heavy odds we have won the first battle in the New Jersey State Senate but the war is far from over! I’ll see you all in Trenton on May 15th.

Irvin M. Bonder, M.D.
President
2002-2003