There has been a lack of consistency in malpractice cases where the plaintiff has settled with one or more defendants, and goes to trial against other defendants. However, a recently published Law Division case has brought a measure of consistency to this issue.
In the past, after a plaintiff had settled with one or more malpractice defendants, the remaining defendants often sought a pro tanto or “dollar for dollar” credit in the amount of the settlement, relying upon Ciluffo v. Middlesex General Hospital, 146 N.J. Super. 476 (App. Div. 1977). The plaintiff often responded that since there would be no evidence at trial that the settling defendants were negligent, the remaining defendants were not entitled to any credit for the amount of the settlements.
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