Legislation has been introduced in the New Jersey Senate and Assembly which would limit the recovery of non-economic damages in all medical malpractice actions to $250,000. This would include suits against physicians, hospitals, and long-term care facilities. Non-economic damages are defined as compensation for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage. The act would take effect immediately but only apply to cases which accrue after its effective date.
The act has been referred to the Senate Commerce Committee and Assembly Financial Institutions and Insurance Committee, respectively. The same act was introduced during the last session of the legislature but did not emerge from committee.