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A 3185

Caps noneconomic damages in medical malpractice actions at $250,000.

2026-2027 Regular Session Introduced by Dawn Fantasia and 1 co-sponsor

Caps noneconomic damages in medical malpractice actions against health care providers are limited to $250,000.

Introduced, Referred to Assembly Judiciary Committee
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Bill Summary · A 3185

Overview

  • Bill: A 3185 (Session 222)
  • Jurisdiction: New Jersey
  • Title: Caps noneconomic damages in medical malpractice actions at $250,000
  • Purpose: Limit noneconomic (pain and suffering) damages in medical malpractice lawsuits against health care providers.

Main purpose and intent

  • The bill seeks to cap noneconomic damages awarded in professional negligence actions against health care providers at $250,000.
  • Aims to limit financial liability for pain and suffering related to medical injuries, while leaving other types of damages potentially unaffected (e.g., economic damages for medical expenses, lost wages).

Key provisions and changes

  • Section 1a: In any action for injury against a health care provider based on professional negligence, noneconomic damages are capped at $250,000. This includes compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.
  • Section 1b: Definitions
    • “Health care provider” includes:
    • Individuals licensed in New Jersey to practice medicine and surgery, chiropractic, podiatry, dentistry, optometry, psychology, pharmacy, nursing, physical therapy, or as a bioanalytical laboratory director
    • Hospitals or other health care facilities
    • “Professional negligence” means a negligent act or omission by a health care provider in rendering professional services, proximate cause of injury or wrongful death, within the scope of licensed services and not restricted by the licensing board or hospital.
  • Section 2: Effective date and applicability
    • The act takes effect immediately.
    • Applies to all actions accruing on or after the effective date.

Who/what is affected

  • Affected parties:
    • Injured plaintiffs pursuing medical malpractice claims against health care providers in New Jersey.
    • Health care providers defined broadly to include licensed professionals and health care facilities (hospitals, etc.).
  • Exclusions/limits:
    • The cap applies only to noneconomic damages; economic damages (e.g., medical expenses, loss of income) are not limited by this provision.
    • The definition of professional negligence is tied to acts within the provider’s licensed scope and not restricted by licensing boards or hospital restrictions.

Procedural and timeline aspects

  • Introduction and referral: Introduced January 13, 2026; referred to Assembly Judiciary Committee.
  • Immediate effective date: The measure takes effect upon enactment and applies to actions accruing on or after that date.
  • No explicit sunset or renewal provision is stated in the text provided.

Potential impact considerations (informational)

  • Financial impact on plaintiffs: Reduces potential noneconomic recovery in medical malpractice cases to a maximum of $250,000.
  • Financial impact on providers: Could limit liability exposure for noneconomic damages, potentially affecting deterrence considerations and insurance strategies.
  • Legal landscape: Aligns New Jersey with other states that impose noneconomic damage caps in medical malpractice suits, potentially affecting settlement dynamics and trial outcomes.
  • Public policy considerations: Balances patient compensation for nonpecuniary harm with concerns about affordability and accessibility of medical care and liability insurance costs.

If you’d like, I can compare this bill to existing New Jersey caps or summarize related legislative history or fiscal impact statements.

Compiled from official sources — confirm details with the bill’s official record.

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