Bill Text: NJ S1785 | 2010-2011 | Regular Session | Introduced


Bill Title: Limits liability of physicians to their medical malpractice insurance coverage.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-15 - Introduced in the Senate, Referred to Senate Commerce Committee [S1785 Detail]

Download: New_Jersey-2010-S1785-Introduced.html

SENATE, No. 1785

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 15, 2010

 


 

Sponsored by:

Senator  GERALD CARDINALE

District 39 (Bergen)

 

 

 

 

SYNOPSIS

     Limits liability of physicians to their medical malpractice insurance coverage.

 

CURRENT VERSION OF TEXT

     As introduced.

  


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.

 

 

STATEMENT

 

     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.

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