Doctors prescribe the wrong medicine to cure insurance problem; should look to insurance reform as the answer

Dear Editor:

New Jersey doctors have prescribed the wrong medicine to cure their malpractice insurance problem. Instead of attacking the civil justice system, our friends and family that serve on our juries and the victims of malpractice, they should be attacking the real cause — greedy insurance companies.

Why are the greedy insurance companies to blame for the rise in malpractice premiums and not lawsuits? Simple, it is due to their “Enron” style of management and investment, price gouging and not paying doctors a fair pay for medical care. They also unfairly charge good doctors the same rates as bad doctors. Insurance companies lost a ton of money in the stock market and in order to keep their profits high, need to raise the malpractice rates of doctors.

This has occurred every time the stock market tanked, just check the history books. What about bad doctors? It is just plain unfair to the majority of New Jersey’s good doctors that the bad doctors who do commit medical malpractice do not pay their fair share.

If, as a driver, I ran a red light and caused an accident; my insurance rates would increase. This is acceptable as I was a bad driver. Why is it not the same in the medical profession? What is the right prescription? Doctors are struggling to pay their malpractice premiums while insurance profits soar — yet doctors are silent. Tort reform is not the answer. The right prescription is that New Jersey’s medical profession should call for an immediate investigation of the insurance industry. They should ask that the special laws protecting insurance companies be repealed and a cap on insurance premiums be instituted. They should demand to be paid a fair amount for the medical care they provide and not have their medical decisions controlled by the HMOs. The medical malpractice insurance problem will only be cured when New Jersey’s doctors muster the courage to attack the real cause — greedy insurance companies.

Ricky E. Bagolie, Esq.
President, The Workshop Injury Litigation Group

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