New Jersey bill would shield hospital error audits

The patient safety proposal is being criticized as a prescription for assisting cover-ups of medical mistakes.

By Andis Robeznieks, amednews staff. Sept. 16, 2002.

Patient safety proponents are squaring off against plaintiffs' rights proponents in New Jersey over legislation that would shield in-house analysis of medical errors from being used in malpractice lawsuits.

The New Jersey Patient Safety Act is co-sponsored by Assemblyman Herb Conaway Jr., MD, a Willingboro family physician.

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Region: Northeast

The bill is opposed by the Center for Justice and Democracy, which describes itself as a "public interest organization that works to educate the public about the importance of the civil justice system and the dangers of so-called 'tort reforms.' "

"Lawmakers are assisting a system that already makes it difficult for medical errors to be revealed," Executive Director Joanne Doroshow told the Bergen Record. "Organized medicine is fighting to the death to keep this information covered up."

Dr. Conaway said his critics have "sort of missed the point."

Anyone injured in a hospital as a result of treatment deserves compensation, said Dr. Conaway, who has a law degree from Rutgers University. "We don't want to see anyone who has been injured not get compensated for injuries, for loss of income or for cost of care. If this bill were to pass, no one would have any right they currently have encumbered."

After an adverse event, Dr. Conaway said, doctors need to "tear down the engine," look at the steps that led to the error, record opinions and institute changes so the error doesn't happen again. "All these things are open to discovery by plaintiff attorneys looking to make a quick buck."

He said it was his interest in a systems approach to health care delivery that led him to sponsor the bill when the New Jersey Hospital Assn. sought his assistance in bringing the patient safety issue forward.

Success of the bill could depend on which committee it is assigned to. Dr. Conaway hopes it will be posted to the health and human services committee where he is vice chair. He said it also could end up in the banking and insurance committee, whose chair has already announced his opposition.