Bill Text: NJ S3172 | 2020-2021 | Regular Session | Introduced
Bill Title: Expands parties who must receive affidavit of merit in malpractice or negligence cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-11-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3172 Detail]
Download: New_Jersey-2020-S3172-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Expands parties who must receive affidavit of merit in malpractice or negligence cases.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning affidavit of merit and amending P.L.1995, c.139.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1995, c.139 (C2A:53A-27) is amended to read as follows:
2. In any 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 plaintiff shall, within 60 days following the date of filing of [the answer to the complaint by the defendant] any pleading in which such malpractice or negligence is asserted, provide each [defendant] party with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the [complaint] pleading, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.
In the case of an action for medical malpractice, such affidavit is required without exception and the person executing the affidavit 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 person executing the affidavit shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the action, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the action for a period of at least five years. The person 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.
Failure to comply with the requirements of this section will result in an automatic dismissal of the pleading alleging malpractice or negligence without the need for filing a motion on the issue.
(cf: P.L.2004, c.17, s.8)
2. This act shall take effect immediately.
STATEMENT
Presently, in any 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
plaintiff is required to provide the defendant with an affidavit of a qualified
person that there exists a reasonable probability that the care, skill or
knowledge provided fell below acceptable professional or occupational standards
or treatment practices. This bill expands the requirement to provide that
within 60 days of the filing of any pleading, including, but not limited to a
responsive pleading, the plaintiff must provide each party with an affidavit of
an appropriate licensed person that there exists a reasonable probability that
the care, skill or knowledge exercised or exhibited in the treatment, practice
or work that is the subject of the pleading, fell outside acceptable
professional or occupational standards or treatment practices. In some
instances, this might include third parties brought into a lawsuit by a
defendant.
Under the bill, failure to comply with the requirements of this law will result in an automatic dismissal of the pleading alleging malpractice or negligence without the need for filing a motion on the issue.
