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Limiting a Patient's Ability to Recover Under NJ's Tort Claims Act
The University of Medicine and Dentistry of New Jersey (UMDNJ) hospital's chief quality officer estimates that approximately “100,000 people walk through the public hospital's door every year.” How many of these patients would go out of their way to be treated at a different ' more specifically, a private ' hospital, if aware of the statutory limitations that may impact their ability to recover non-economic damages in the event they are subjected to medical malpractice?
New Jersey is a litigious state and, prior to 1972, governmental entities and their employees faced the same exposure in civil actions as private corporations and citizens. In 1972, with the intent to limit the potential civil liability of public entities and public employees, New Jersey's Legislature enacted the Tort Claims Act (TCA), which is codified at New Jersey Statutes Annotated (N.J.S.A.) 59:1-1, et seq.'
New Jersey Statutes Annotated 59:9-2(d) explicitly and without exception, limits recovery of pain and suffering damages (including emotional distress in limited circumstances) against public entities and employees as follows:
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