MSNJ Asks NJ Supreme Court to Apply Expert Testimony Statute as Written 
In December 2011, MSNJ filed an amicus curiae brief with the New Jersey Supreme Court to support an appeal from a lower court ruling that allowed a medical liability case to go forward even though the plaintiff did not have experts from the “same specialty” available to testify to the appropriate standard of care. At issue was whether the plaintiff must have matched the defendants’ Emergency Medicine and Family Practice board certifications or sought a waiver from the “same specialty” requirement. MSNJ advocated aggressively for the tort reform legislation which resulted in 2004 amendments to the statutory requirements for affidavits of merit and expert testimony.  We believe that the New Jersey Legislature meant what it said when it required same specialty expert testimony and the exceptions to the rule should be narrowly construed.

The AMA, through its Litigation Center, also joined in filing the amicus curiae brief.  MSNJ appreciates the AMA’s support on this important issue.

Read the brief in its entirety.

MSNJ Signs onto Joint Select Committee Tort Reform Letters 
In October 2011, MSNJ, along with nearly 100 specialty and state medical societies, signed a letter to the Joint Select Committee on Deficit Reduction asking them to include meaningful medical liability reforms in the final legislative package. The letters urge the Committee to craft effective medical liability reforms which will continue to reduce the deficit while protecting patient access to care. Read the letters [1]  [2].