New Jersey § 59:6-5 Immunity from liability for failure to diagnose certain conditions; exceptions.

New Jersey Statutes

§ 59:6-5 — Immunity from liability for failure to diagnose certain conditions; exceptions.

New Jersey § 59:6-5

Title 59CLAIMS AGAINST PUBLIC ENTITIES

This text of New Jersey § 59:6-5 (Immunity from liability for failure to diagnose certain conditions; exceptions.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 59:6-5 (2026).

Text

59:6-5.

a.Neither a public entity nor a public employee is liable for injury resulting from diagnosing or failing to diagnose that a person has a mental illness or is a person with a substance use disorder involving drugs or from failing to prescribe for mental illness or a substance use disorder involving drugs; provided, however, that nothing in this subsection exonerates a public entity or a public employee who has undertaken to prescribe for a mental illness or a substance use disorder involving drugs from liability for injury proximately caused by negligence or by a wrongful act in so prescribing.

b.Nothing in subsection a. exonerates a public entity or a public employee from liability for injury proximately caused by a negligent or wrongful act or omission in administering any trea

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59:6-5. a. Neither a public entity nor a public employee is liable for injury resulting from diagnosing or failing to diagnose that a person has a mental illness or is a person with a substance use disorder involving drugs or from failing to prescribe for mental illness or a substance use disorder involving drugs; provided, however, that nothing in this subsection exonerates a public entity or a public employee who has undertaken to prescribe for a mental illness or a substance use disorder involving drugs from liability for injury proximately caused by negligence or by a wrongful act in so prescribing. b. Nothing in subsection a. exonerates a public entity or a public employee from liability for injury proximately caused by a negligent or wrongful act or omission in administering any treatment prescribed for a mental illness or a substance use disorder involving drugs. Amended 2017, c.131, s.218. L.1972, c. 45, s. 59:6-5; amended 2017, c.131, s.218.