New Jersey Assembly Bill A2075

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

"Medical Philanthropy Act"; provides physicians who provide uncompensated care with $250,000 cap on noneconomic damages in actions alleging medical malpractice.

Impact

The bill is expected to have significant implications on New Jersey's medical malpractice law. By establishing a cap on noneconomic damages specifically related to uncompensated care, it seeks to encourage more healthcare professionals to participate in philanthropic practices. Supporters of the bill argue that this will not only provide expanded healthcare access but also promote goodwill and community service among physicians. Furthermore, a reduced malpractice liability leads to lower insurance premiums for these doctors, potentially providing a financial incentive for them to offer charitable services.

Summary

Assembly Bill A2075, known as the 'Medical Philanthropy Act,' was introduced to encourage physicians to offer uncompensated care to patients. The bill provides that if a physician offers free services to at least 10 percent of their patients within a given year, their liability for noneconomic damages arising from medical malpractice claims would be limited to $250,000 for that year. This measure aims to reduce the financial risks associated with lawsuits for physicians who dedicate a portion of their practice to charitable care.

Contention

However, there are notable points of contention surrounding the bill. Critics may argue that capping liability may undermine the rights of patients who experience malpractice, particularly for severe cases where damages exceed $250,000. There is concern that the legislation may create a two-tiered system where those receiving free care have limited recourse in the event of negligent treatment. As discussions progress, balancing the encouragement of medical philanthropy with the protection of patient rights remains a critical issue.