Ciluffo v. Middlesex General Hosp

In Ciluffo v. Middlesex General Hosp., 146 N.J. Super. 476, 482, 370 A.2d 57 (App.Div.1977) the Court recognized that an initial tortfeasor is potentially liable for all the natural and proximate injuries that flow from the tort, including the consequences of subsequent medical malpractice arising from treatment for the injuries sustained. The Court further observed that to avoid duplicating compensation paid to a plaintiff, the successive tortfeasor may receive a credit for part or all of the payment made by the initial tortfeasor. Id at 483, 370 A.2d 57. . The manner by which a prior settlement is credited to a subsequent malpractice damage verdict against successive tortfeasor was explained as follows: If the settlement exceeds plaintiff's total provable damages she would be entitled to no further recovery from the doctor. If the settlement exceeds the amount of her provable damages minus the damages caused by the doctor, the amount of such excess should be credited against the damages assessed solely for the harm caused by the doctor. If the settlement is less than the amount of her total provable damages minus the damages caused solely by the doctor, plaintiff should recover the full amount of the damages assessed against the doctor alone for the pain and suffering allegedly endured by her during the delay in treatment. . . .Id. at 482, 483, 370 A.2d 57.