STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Senator STEVEN V. OROHO
District 24 (Sussex, Hunterdon and Morris)
Senator THOMAS GOODWIN
District 14 (Mercer and Middlesex)
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.
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.