ASSEMBLY, No. 1367

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  JAY WEBBER

District 26 (Morris and Passaic)

Assemblyman  GARY R. CHIUSANO

District 24 (Sussex, Hunterdon and Morris)

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Sussex, Hunterdon and Morris)

 

 

 

 

SYNOPSIS

     Caps noneconomic damages in medical malpractice actions at $250,000.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning medical malpractice liability and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  In any action for injury against a health care provider based on professional negligence, the injured plaintiff shall not be entitled to recover noneconomic damages exceeding $250,000 to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage.

     b.    As used in this section:

     "Health care provider" means any person licensed in this State to practice medicine and surgery, chiropractic, podiatry, dentistry, optometry, psychology, pharmacy, nursing, physical therapy or as a bioanalytical laboratory director, or a hospital or other health care facility.

     "Professional negligence" means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that the services are within the scope of services for which the health care provider is licensed and which are not within any restriction imposed by the licensing board or licensed hospital.

 

     2.    This act shall take effect immediately, and shall apply to all actions accruing on or after the effective date of this act.

 

 

STATEMENT

 

     This bill limits the liability of health care providers to an injured plaintiff for pain and suffering, also known as noneconomic damages, to $250,000.