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The Bergen County Medical Society - latest reform 2 20 03 (Page 7)

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

Matter underlined thus is new matter.
d. Nothing in this section shall limit the power of the trial court to
disqualify an expert witness on grounds other than the qualifications set
forth in this section.
e. An opinion given in expert testimony or an affidavit as to the
appropriate standard of practice or care shall demonstrate the existence
of that standard through the production of tangible evidence. For the
purposes of this subsection, "tangible evidence" means textbooks,
treatises, articles in peer-reviewed journals, written standards, or
documented and recognized formulae, customs and practices.
f. In an action alleging medical malpractice, an expert witness shall
not testify on a contingency fee basis.
g. A person who provides expert testimony or executes an affidavit
pursuant to the provisions of P.L.1995, c.139 (C.2A:53A-26 et seq.)
pursuant to this section, who intentionally misrepresents the applicable
appropriate standard of practice or care, shall be liable to a civil penalty
not to exceed $10,000 and other expenses incurred, including a
reasonable attorney fee, as a result of the testimony provided or affidavit
that was executed. The court shall also refer the matter to the Attorney
General and the appropriate licensing board for further review.
h. An individual or entity who threatens to take or takes adverse
action against a person who provides expert testimony or has agreed to
testify as an expert, which adverse action relates to the person's
employment, accreditation, certification, credentialing or licensure, shall
be liable to a civil penalty not to exceed $10,000 and other damages
incurred by the person and the party for whom the person was testifying
as an expert.

10. (New section) A judge presiding over an action alleging medical
malpractice in which the jury has rendered a verdict in favor of the
complaining party shall, upon a motion by any party for additur or
remittitur on the issue of the quantum of damages, consider the evidence
in the light most favorable to the non-moving party and determine
whether the award is clearly inadequate, excessive or disproportionate in
view of the nature of the medical condition or injury that is the cause of
action or because of passion or prejudice by the jury.
11. (New section) a. If an individual's actual health care facility
duty, including on-call duty, does not require a response to a patient
emergency situation, a health care professional who, in good faith,
responds to a life-threatening emergency or responds to a request for
emergency assistance in a life-threatening emergency within a hospital
or other health care facility, is not liable for civil damages as a result of
an act or omission in the rendering of emergency care. The immunity
granted pursuant to this section shall not apply to acts or omissions
constituting gross negligence, recklessness or willful misconduct.
b. The provisions of subsection a. of this section do not apply to a
health care professional if a provider-patient relationship existed before
the emergency, or if consideration in any form is provided to the health
care professional for the service rendered.
c. The provisions of subsection a. of this section shall not apply if a
general hospital has not reasonably and adequately staffed its emergency
department, as required by the Department of Health and Senior
d. A health care professional shall not be liable for civil damages for
injury or death caused in an emergency situation occurring in the health

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