Bill Text: NJ A3872 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires preliminary finding of liability for professional malpractice by panel of three experts appointed by licensing authority prior to institution of action.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2016-06-02 - Introduced, Referred to Assembly Judiciary Committee [A3872 Detail]
Download: New_Jersey-2016-A3872-Introduced.html
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
SYNOPSIS
Requires a preliminary finding of liability for professional malpractice by a panel of three experts appointed by licensing authority prior to institution of action.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning liability for professional malpractice 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. Prior to instituting an action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the claimant shall secure a preliminary finding of liability from a panel of three experts appointed by the relevant State licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety under Title 45 of the Revised Statues or other appropriate licensing authority.
The preliminary finding of liability required by this section shall assert, with specificity, that, with respect to each potential defendant in the action to be filed, and based upon the facts as certified by the claimant, liability could be assigned, individually, jointly or severally, because the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the claim, fell outside acceptable professional or occupational standards or treatment practices.
In the case of a claim for medical malpractice, the three experts appointed shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c.17 (C.2A:53A-41). In all other cases, the three experts appointed shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the claim, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the claim for a period of at least five years. The experts shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case.
Upon a preliminary finding of liability as required by this section, a claimant may institute an action for damages, wrongful death or property damage resulting from the alleged malpractice, and the court shall require that a written, certified statement of the finding be included in the initial filing of the action, as otherwise required by the Rules of Court.
As used in this section, "licensed person" shall have the same meaning as that term is defined in section 1 of P.L. 1995, c.139 (C. 2A:53A-26).
2. This act shall take effect immediately and shall apply to any action for damages founded in malpractice or negligence by a licensed person in his profession or occupation commenced on or after that date.
STATEMENT
This bill provides that, prior to instituting an action for damages resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the claimant shall secure a finding of liability from a panel of three experts appointed by the relevant State licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety under Title 45 of the Revised Statues or other appropriate licensing authority.
The preliminary finding of liability required by the bill shall assert, with specificity, that, with respect to each potential defendant in the action to be filed, and based upon the facts as certified by the claimant, liability could be assigned, individually, jointly or severally, because the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the claim fell outside acceptable professional or occupational standards or treatment practices.
In the case of a claim for medical malpractice, the three experts appointed shall meet the requirements of a person who provides expert testimony or executes an affidavit as already set forth in the law. In all other cases, the three experts appointed shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the claim, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the claim for a period of at least five years. The experts shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case.
Upon a finding of liability as required by the bill, a claimant may institute an action for malpractice, and the court shall require that a written, certified statement of the finding be included in the initial filing of the action, as otherwise required by the Rules of Court.
