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Can Gross Negligence overcome charitable immunity for a

medical malpractice case? The limit...
Can Gross Negligence overcome charitable immunity for a medical malpractice case? The limit is in NJ is $250,000 and I am wondering if Gross Negligence in a medical malpractice case will allow me to sue for more (like $15,000,000)
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Answered in 19 minutes by:
10/18/2017
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,313
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Unfortunately, the NJ Statute, 2A:15-5.14, provides very specifically that No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that defendant for compensatory damages or $350,000, whichever is greater. The only exception would be that no cap applies to the following causes 36 of actions: civil actions for victims of bias crimes, violations of the Law Against Discrimination, unlawful disclosure of AIDS testing results, civil causes of action for sexual abuse or drunk driving.

So, unfortunately, gross negligence is not an exemption to the damage caps in NJ.

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Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,313
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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