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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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Current Medical Liability Laws

 

Damage Caps Punitive damages limited to the greater of $350,000; or five times compensatory damages.
Joint Liability Reform Yes. Defendants are responsible only for their proportionate share of negligence if they are found to be less than 60% at fault. Defendants found to be 60% at fault are subject to a modified rule.
Collateral Source Reform Collateral source payments must be disclosed and deducted from claimant’s damages. New Jersey Statutes § 2A:15-97.
The Third Circuit Court of Appeals has held that ERISA preempts this collateral source law. Levine v. United Healthcare Corp., 402 F.3d 156 (3rd Cir. 2005).
Attorney Fees Limited Yes. Fees may not exceed the following: 33 1/3% of the first $500,000; 30% of the next $500,000; 25% of the next $500,000; 20% of the next $500,000; and an amount the court deems reasonable for fees over $2 million.
Periodic Payments Permitted Yes, New Jersey Statutes § 17:30D-27 (2020) states that:
“Unless otherwise agreed to by the parties, in any judgment resulting from a medical malpractice action brought by a claimant for medical malpractice in which the noneconomic damages exceed $1,000,000, the court shall enter a judgment ordering that 50% of the noneconomic damages be paid immediately, with the costs and attorney’s fees to be paid from that amount. The remaining 50% of the judgment shall be paid over 60 months in the form of a structured payment agreement by any person, organization, group, or insurer that is contractually liable to pay the judgment.”