N.J. Medical Providers Duck Contract, Negligence Per Se Claims

New Jersey medical providers escaped trial on a patient’s contract and negligence per se claims because neither claim is viable under state law, a New Jersey appeals court said Tuesday.

New Jersey law recognizes the right of a third-party beneficiary to sue for breach of contract, but not usually in a medical malpractice context, the New Jersey Superior Court, Appellate Division, said.

Additionally, negligence per se actions are limited in New Jersey to instances where a statute incorporates a standard of care that aligns with the standard for proving common-law negligence, the court said.

Shawn Labega sued a physician assistant, ...