Will protest rising cost of malpractice insurance.
By: Rebecca Tokarz
Come next week, patients may have a difficult time scheduling routine appointments with physicians.
That’s because some area doctors are considering a work slowdown beginning Monday. The action is an attempt to draw attention to the rising cost of malpractice insurance premiums.
"It’s getting ridiculous," Kendall Park physician Pammi Bais said. "Someone needs to know about it."
In addition to the work slowdown, doctors have planned a protest in Trenton at the state capitol on Tuesday and medical staff at St. Peter’s University Hospital in New Brunswick plan to stage a protest at the hospital at 10 a.m. Monday, said Dr. Michael Richardson, president of the Middlesex County Medical Society.
Dr. Bais said she would not deny her patients treatment, but she would not handle office calls. She also will be available for emergency situations.
"I love my patients. I know many of them personally. I am always available," she said.
Over the past 13 months, physicians have been asking legislators to lower the cost of malpractice insurance premiums, Dr. Richardson said.
"We have exhausted our efforts over the past 13 months," he said. "We need to do job actions."
Medical malpractice insurance covers health care professionals for things such as court costs, settlements and damages associated with a malpractice lawsuit. Without malpractice medical insurance, doctors could be held personally liable for the costs of settlements, court costs and damages, according to www.camedicalmalpractice.net, a medical malpractice insurance Web site.
Physicians can be sued if they fail to properly treat a medical condition and the negligent act or omission brings about a new or aggravated injury to the patient. Malpractice suits may be filed for the delay of or failure to diagnose a patient; a surgical or anesthesia related mishap during an operation and a doctor’s failure to gain patient consent prior to a medical procedure. Those that abuse the right to prescribe medication also can be sued for malpractice.
Dr. Richardson said the average malpractice insurance rate rose 41 percent in the past year for all physicians. He said high risk specialists such as obstetricians and radiologists have seen their insurance rates increase by 90 percent.
Physicians like Dr. Bais, whose malpractice premiums have tripled over the past three years, say there is a need for reform.
"I don’t have any idea (why they have gone up). I’ve never been sued, my record is squeaky clean," Dr. Bais said.
Dr. Richardson said that in the past year eight St. Peter’s obstetricians have left the hospital because their malpractice insurance premiums have increased too drastically.
By staging a slowdown, physicians throughout the country hope to draw attention to their concerns.
Physicians are asking for a $250,000 cap on award packages to patients who win malpractice lawsuits. In addition, doctors feel there is a need for reform concerning the amount of time a person has to file a malpractice lawsuit against a doctor and set better standards for experts who testify during trials.
Dr. Richardson, an anesthesiologist affiliated with St. Peter’s said his slowdown will be for a week.
He said lowering the cap on award packages would decrease the cost of malpractice insurance premiums physicians pay yearly.
Although Dr. Richardson could not speak for all medical facilities, he said his affiliate, St. Peter’s, will have its emergency room open and fully operational. He said the ER is already preparing for an influx of patient numbers, as many patients that cannot get appointments with their regular physicians will come to the hospital for treatment.
"Routine physicals and medical procedures will be rescheduled, but emergency surgeries will go on as planned," Dr. Richardson said.
He said the same quality care will be given to patients, but it may take some time.
Dr. Bais, an infectious disease physician, said that at times there is negligence on the part of some physicians that warrants a person to sue. She also said there are times when lawsuits are frivolous.
"There are other lawsuits that do not belong in the courts," she said.

