Plaintiffs’ lawyers aren’t doctors – they just like to play doctors in the courtroom. Because of procedural loopholes and evidentiary rule confusion, plaintiffs’ lawyers have an advantage in dictating the pace and outcome in medical liability cases. The result of this undue influence is outsized settlements and larger verdicts against healthcare providers. No wonder healthcare in New Jersey is so expensive.
NJCJI opposes legislation that expands liability for healthcare providers and participates in court cases that pose a risk of increasing lawsuits against providers. Some of NJCJI’s efforts in this area include:
- Advocating for a bill that would simplify who can attest to a plaintiff’s injury and its causation in an Affidavit of Merit.
- Urging the Legislature to amend the Affidavit of Merit statute to require that the affidavit be filed with the complaint.
- Fighting for the appropriate standards for expert testimony and an immutable statute of limitations.
- Participating as a friend of the court in DeMarco v. Stoddard, et al., 223 N.J. 363 (2015). In a 5-2 majority opinion, the New Jersey Supreme Court overturned an Appellate Division decision that had treated medical malpractice insurance like auto insurance, and reaffirmed the court’s commitment to applying the law as written.