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  • NJ A1808
  • Concerns liability and insurance coverage for medical malpractice actions.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill revises the law governing lawsuits and insurance coverage for medical malpractice. The bill specifically provides that, notwithstanding any law or rule to the contrary, if an attorney representing a plaintiff in a medical malpractice action files a complaint using fictitious names for one or more persons who may be determined to be parties to the action but whose role is unknown at the time of the filing of the complaint, the attorney is to substitute the name of a person for a fictitious name for any person who may be determined to be a party to the action at least 120 days prior to the date on which the action is set for trial, after which time names of persons are not to be substituted for fictitious names. The bill also provides that a health care professional who volunteers to respond in good faith to an emergency at a hospital or other health care facility has immunity for civil damages if the health care professional has not treated the patient who is the subject of the emergency assistance during the two-year period immediately prior to the emergency. Currently, the law provides that a health care provider, in order to have the benefit of immunity for such an emergency, could not have had a provider-patient relationship before the emergency and could not have been provided any consideration for the service rendered. The bill prohibits an insurer from increasing the premium of any medical malpractice liability insurance policy based on a claim of medical negligence or malpractice against an insured unless the claim, as defined in the bill, results in a medical malpractice claim settlement, judgment, or arbitration award against the insured. Finally, the bill prohibits an insurer from increasing medical malpractice insurance premiums if the alleged malpractice occurred in certain charitable or emergency situations. These include any of the following: (1) the insured is dismissed from an action alleging medical malpractice; (2) the alleged medical malpractice occurred in any case in which the insured performed any treatment or procedure on a charitable basis, without consideration; or (3) the alleged medical malpractice occurred in any case in which the insured provided emergency assistance pursuant to section 10 of P.L.2004, c.17 (C.2A:62A-1.3), whether or not for consideration.
Health and Senior Services
Introduced, Referred to Assembly Health and Senior Services Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
None specified