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Malpractice News
Medical Malpractice Liability Insurance Premium Assistance Fund
The Department of Banking and Insurance (“Department”) is issuing this public notice as required by N.J.S.A. 17:30D-28 et seq. and N.J.A.C. 11:27-7 regarding the determination of eligibility for a premium subsidy for 2005 (payable in 2006) from the Medical Malpractice Liability Insurance Premium Assistance Fund (the “Fund”) in accordance with N.J.S.A. 17:30D-30a(2) and N.J.A.C. 11:27-7.5. The background of the Fund, and applicable statute and rules, are discussed below.
The New Jersey Medical Care Access and Responsibility and Patients First Act, P.L. 2004, c.17 (the “Act”), provided for changes to the medical malpractice liability system to ensure that the residents of this State have access to highly-trained health care practitioners in all specialties. One of the means by which the Act seeks to achieve this goal is the establishment of the Fund, which is intended to provide premium subsidies to certain practitioners and health care providers, as defined in the Act, to help ensure that access to care in particular specialties or subspecialties is not threatened as a result of the cost of medical malpractice liability insurance in this State. Monies to be distributed from the Fund are to be obtained through assessments on various parties, as set forth in N.J.S.A. 17:30-29. The Department is responsible for the administration of the Fund but not for the imposition and collection of the assessments. Pursuant to the Act, the assessments for the Fund and the disbursements of the subsidies are to occur annually over a three-year period. Read more at state.nj.us
Patients die in hospitals and in care from negligence
Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical errors, the Institute of Medicine found.
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News about Medical Malpractice cases in Portland and nationwide:
Definition:
Failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Those standards are based on what a reasonable person with the requisite knowledge and skills would or would not do.
Cesarean
Definition:
Commonly referred to as "C-section". A surgical procedure in delivering the baby. Epidural (pain medicine) is given at this time, and an incision is made in the very low part of the woman's abdomen
Joint-and-several liability
Definition:
Liability in which each liable party is individually responsible for the entire obligation. Under joint-and-several liability, a plaintiff may choose to seek full damages from all, some, or any one of the parties alleged to have committed the injury.
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