New Jersey Assembly Bill A1393

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Establishes civil immunity for damages arising out of birth injury or congenital defect for physicians providing prenatal care under certain circumstances.

Impact

If enacted, A1393 will modify New Jersey state law by limiting the circumstances under which physicians can be held liable for damages related to birth injuries or congenital defects. The legislation aims to reassure healthcare providers by reducing the fear of litigation connected to prenatal care. This could potentially encourage more healthcare providers to offer prenatal services, thereby improving access to care for pregnant women. Nevertheless, the bill's provisions are designed to protect both the physician and the mother's right to informed care.

Summary

Assembly Bill A1393 aims to establish civil immunity for physicians providing prenatal care when certain conditions are met. The bill allows physicians to be exempt from civil liability for damages that may arise from a child being born with a birth injury or congenital defect. This immunity is contingent upon the physician fulfilling specific obligations, including providing the standard level of care required in prenatal treatment and advising the pregnant woman of the benefits of continued prenatal care. Moreover, the immunity applies only if the woman did not consult the physician in the final eight weeks of her pregnancy.

Contention

Debate surrounding A1393 may revolve around the ethics of granting immunity to medical professionals in situations of birth injuries, as opponents could argue that it may undermine accountability. Critics might express concerns that the bill could disincentivize physicians from thoroughly assessing and communicating risks associated with prenatal care. Conversely, supporters are likely to argue that the bill is a necessary measure to protect healthcare providers who adhere to established standards of care. The conditions articulated within the bill serve to balance the need for patient protection with the acknowledgment of potential exceptions in prenatal care.