Senator GERALD CARDINALE
District 39 (Bergen)
Limits liability of physicians to their medical malpractice insurance coverage.
CURRENT VERSION OF TEXT
An Act concerning the liability of physicians for professional negligence and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Physician" means a physician practicing medicine or surgery pursuant to R.S.45:9-1 et seq.
"Professional negligence" means a negligent act or omission to act by a physician in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death.
2. A physician shall not be liable for professional negligence beyond the sum of the medical malpractice insurance or letter of credit maintained in compliance with section 1 of P.L.1997, c.365 (C.45:9-19.17) at the time of the professional negligence.
3. This act shall take effect immediately and apply to all actions filed on or after the effective date.
This bill provides that physicians shall only be liable for professional negligence to the extent of the medical malpractice insurance they are required to carry under current law.