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November 2022 Newsletter

Women in New Jersey Harmed by State's Liability Laws Against the backdrop of an unfriendly medical liability climate, women in New Jersey are facing fewer options for health and reproductive care. Forecasted shortages of obstetricians and gynecologists are coming to...

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OPINION: Alaska’s legal climate far from harsh

Obamacare has been passed with great fanfare, but many Americans, unsure how the massive government program will work for them, are taking to the streets voicing their protests. Personal injury lawyers, on the other hand, are drinking champagne and voicing their...

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Current Medical Liability Laws

Damage Caps $250,000 cap on non- economic damages; $400,000 cap on non-economic damages for wrongful death or severe permanent physical impairment that is more than 70% disabling. (2005)
Joint Liability Reform Yes. Defendants are responsible only for their proportionate share of negligence.
Collateral Source Reform Yes, after the fact-finder has rendered an award, and not including evidence of benefits received from a federal program that must subrogate, or death benefits paid under a life insurance policy.
Attorney Fees Limited No
Periodic Payments Permitted Yes. Court may enter periodic payment award for future damages at plaintiff’s request.