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The Bergen County Medical Society - latest reform 2 20 03 (Page 2)

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The Bergen County Medical Society - latest reform 2 20 03
2
EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
State and that patient safety at health care facilities is maintained and
enhanced.

3. N.J.S.2A:14-2 is amended to read as follows:
2A:14-2. Every action at law for an injury to the person caused by
the wrongful act, neglect or default of any person within this
[
state
]
State shall be commenced within 2 years next after the cause of
any such action shall have accrued; except that an action by or on behalf
of a minor that has accrued for medical malpractice for injuries sustained
at birth shall be commenced prior to the minor's 11th birthday.
Notwithstanding the provisions of this section and N.J.S.2A:14-21 to
the contrary, an action by or on behalf of a minor that has accrued for
medical malpractice for injuries sustained at birth, which injuries were
sustained prior to the effective date of P.L. , c. (pending before the
Legislature as this bill), shall be commenced within four years of the
effective date of P.L. , c. (pending before the Legislature as this bill).
(cf: N.J.S.2A:14-2)

4. N.J.S.2A:14-21 is amended to read as follows:
2A:14-21. If any person entitled to any of the actions or proceedings
specified in
[
sections
]
N.J.S.2A:14-1 to 2A:14-8 or
[
sections
]
N.J.S.2A:14-16 to 2A:14-20
[
of this title
]
or to a right or title of entry
under
[
section
]
N.J.S.2A:14-6
[
of this title
]
is or shall be, at the time of
any such cause of action or right or title accruing, under the age of 21
years, or insane, such person may commence such action or make such
entry, within such time as limited by
[
said sections
]
those statutes, after
his coming to or being of full age or of sane mind. Notwithstanding the
provisions of this section to the contrary, an action by or on behalf of a
minor that has accrued for medical malpractice for injuries sustained at
birth shall be commenced prior to the minor's 11th birthday, as provided
in N.J.S.2A:14-2.
(cf: N.J.S.2A:14-21)
5. New section) As used in sections 5 through 8 of P.L. , c. (C. )
(pending before the Legislature as this bill):
"Health care provider" means an individual or entity, which, acting
within the scope of its licensure or certification, provides health care
services, and includes, but is not limited to, a physician, dentist, nurse,
pharmacist or other health care professional whose professional practice
is regulated pursuant to Title 45 of the Revised Statutes, and a health
care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

6. (New section) a. A person shall not commence an action alleging
medical malpractice against a health care provider, unless the person has
given the health care provider written notice of that proposed action at
least 180 days before the action is filed.
b. The notice of intent to file an action shall be mailed, by certified
or registered mail, to the last known professional business address or
residential address of the health care provider who is the subject of the
proposed action. Proof of the mailing of the notice required pursuant to
this section shall be prima facie evidence of compliance. If no
professional business or residential address is known, notice may be
mailed to the health care facility where the care that is the subject of the
proposed action was rendered.

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