September 23, 2003
Candidates hear physicians concerns, support reforms for medical malpractice insurance
By JOYCE VANAMAN Staff Writer, (856) 825-2303
VINELAND - Skyrocketing medical malpractice insurance affects patients as well as doctors, and many of the area's state Senate and Assembly candidates agree reform is needed.
A candidates' forum last week at South Jersey Healthcare, Fitness Connection was sponsored by the medical staff of SJH and the Cumberland County Medical Society.
Incumbent Assemblyman Jeff Van Drew, D-Cumberland, Cape May, Atlantic, was the lone Democratic candidate.
The Republicans were represented by Assemblyman Nicholas Asselta, R-Cumberland, Cape May, Atlantic, who is running for state Senate; Assembly candidates John Gibson and Andrew McCrosson in the same district; and Assembly candidates Douglas Sorantino and Susan Bestwick for the district that represents Cumberland, Salem and Gloucester counties.
Also participating were two independent candidates, Dr. Steven Fenichel of Cape May County, the Independent candidate for state Senate, and Charles Woodrow, Green Party candidate for an Assembly seat representing Cape May, Cumberland and Atlantic counties.
The moderator was Dr. Armando Russo, an obstetrician-gynecologist in Vineland, who said New Jersey has been identified as one of 19 "crisis" states where the availability or affordability of medical liability insurance has prompted 25 percent of obstetricians-gynecologists to drop obstetrics in 2002.
He said 20 neurosurgeons also left the state in 2002, leaving only 64.
Russo said the state Legislature failed to act in the last session when compromise bill A-50, as amended, was passed by the state Senate. He said A-50 contains the reforms that have worked in every state that has enacted some of its provisions.
"The legislation strikes an important balance - it protects the public's rights while assuring continued access to care," Russo said.
A sponsor of the medical malpractice caps bill, Asselta said one of the things he supports is having the loser of a malpractice suit pay in order to decrease the number of frivolous lawsuits.
Asselta said the state Banking and Insurance Commission needs to do a better job.
"Competition is good. New Jersey is so regulated that many companies do not want to come in," he said.
Fenichel, a physician associated with Atlantic City Medical Center and Shore Memorial, advocated a "single-payer" health-care system like Maine, which he said serves just one master -the patient.
"If the people had the same insurance coverage that the Legislature has, we'd all have good insurance coverage," Fenichel said. He also made a strong pitch for campaign financing reform.
A dentist, Van Drew said he is a supporter of the bills designed to decrease malpractice suits, control the circumstances and amount within the lawsuits, and provide malpractice insurance premium relief for medical professionals.
Dr. Seth Silver, a Vineland orthopedic surgeon, asked each candidate to state what he pays for medical malpractice insurance - guesses that ran the gamut from $50,000 to more than $250,000. Silver said it currently is $60,000, but is expected to increase.
With an office staff of 14, Silver pointed out that it is increasingly hard to run a business in New Jersey.
"Cumberland County is one of the poorest counties in the state, and the reimbursement is horrible," he said.
He told of being called in to assist in life-saving surgery, for which he received just $86.
One of the proposals to improve the handling of cases in the state was made by Gibson, who suggested: "We should explore the possibility of a medical court with a person knowledgeable in the field. If we had around 15 in New Jersey, it would free the courts of the (lawsuit) clog."
Most of the candidates were in agreement that the plaintiffs should receive more compensation than the lawyers who represent them, and also that the current tort system is not fair to the victims of unintentional medical injury.
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