Can You Sue an Uninsured Doctor in NJ?
In a landmark decision made by the New Jersey Supreme Court recently, justices barred medical malpractice victims from bringing direct cause of action lawsuits against physicians who treat them without adequate medical malpractice insurance. Further, the Court ruled that a physician’s failure to inform a patient of his or her lack of insurance does not represent a violation of the informed consent doctrine. Although this two-fold decision spells significant implications for victims of medical malpractice in New Jersey, there are still viable avenues through which to pursue these claims, as the Court decided that victims can seek compensation through lawsuits against the uninsured or under-insured physicians’ employers.
The aforementioned ruling, which passed with a 7-2 majority on Tuesday, September 29th, arose in connection with the medical malpractice case Jarrell v. Kaul. The plaintiff in this case, James Jarrell, brought suit against Morris County anesthesiologist Kaul, who performed a lumbar fusion on Jarrell without the necessary malpractice insurance coverage for the surgical spinal procedure. Jarrell argued that Kaul’s behavior constituted deceit, misrepresentation and outrageous conduct, contending that Kaul should have informed him that his insurance coverage did not extend to this specific procedure.
Jarrell’s primary argument against Kaul hinged upon the “informed consent doctrine.” Generally, this rule requires physicians to inform patients of the risks of associated with recommended procedures so they can make “informed” determinations as to whether or not to proceed. The Court found that Kaul’s failure to inform Jarrell of his insufficient medical malpractice insurance was not a violation of informed consent. However, the New Jersey Board of Medical Examiners still revoked Kaul’s license last year for performing spinal surgeries without the necessary training.
The second component of Jarrell’s case was a lawsuit against the Market Street Surgical Center located in Saddle Brook, which is Kaul’s employer and the location in which he performed the procedure. Jarrell claimed that the medical center should be held liable for allowing Kaul to perform his surgery without first confirming that he had the necessary medical malpractice insurance coverage and appropriate training. The Court affirmed that the Jarrell was entitled to sue the facility, setting a precedent for medical malpractice victims in New Jersey.
Essentially, this decision allows plaintiffs in medical malpractice cases to bring lawsuits against health-care facilities and medical centers that fail to ensure that the physicians who perform procedures on their premises have the appropriate medical malpractice insurance coverage. The Court placed a continuing responsibility with surgical centers state-wide to monitor the coverage of their physicians, while restricting claims against these uninsured or under-insured physicians as independent entities.
Overall, this case serves as evidence of the dynamic and constantly-evolving body of medical malpractice law in New Jersey. Dedicating ourselves to this area of practice allows the attorneys at Fronzuto Law Group to remain at the forefront of current case law and thus, to more effectively advocate for our clients. If you or your child have been the victim of medical or pediatric malpractice in New Jersey, contact our law offices anytime for additional information.
To learn more about this case, view the following article: Justices Restrict Med-Mal Actions Against Uninsured Doctors
