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Verdicts
NJ Law Allowing Public Access to Payout Information Not Federally Pre-Empted
The New Jersey Medical Society was denied a request for preliminary injunction that would have prevented the state from allowing public access – through the Internet and a telephone hotline – to records of medical malpractice payouts when the 2003 New Jersey Health Care Consumer Information Act took effect on June 23. Medical Society of New Jersey v. Mottola, Civ. 04-2126. Civ. No. 04-2126 (D.N.J. 6/8/04); DDS No. 29-7-7084.
The federal case stemmed from a New Jersey state court action filed last summer in which a publication — The Record, of Hackensack, NJ — sued to compel disclosure of malpractice payment data after the state denied the publication's Open Public Records Act request. The judge granted The Record's request for common law access to the past five years' worth of malpractice payment data. Her subsequent March 9 order required the state to notify doctors of the impending disclosure and gave doctors until May 10 to dispute any inaccuracies.
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