A federal judge in New Jersey sought out-of-circuit guidance to conclude that the damages cap contemplated by the New Jersey Charitable Immunity Act extends to a failure-to-stabilize claim brought under the federal Emergency Medical Treatment and Active Labor Act, even though it is not a negligence claim per se.

In an April 26 opinion, U.S. Chief Judge Renee Maria Bumb of the District of New Jersey denied motions for summary judgment brought by various doctors and hospitals in a claim of medical malpractice, negligent infliction of emotional distress, and loss of consortium brought by a plaintiff over his wife’s death. However, the court did grant a motion by defendants Cape Regional Medical Center and Cape Regional Health System as to their affirmative defense of charitable immunity.

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