In its published opinion dated December 29, 2020, the New Jersey Superior Court Appellate Division (“New Jersey Appellate Court”) held: “plaintiff alleges emotional distress caused by the professional negligence of a surgeon who failed to remove surgical washers from his… Read More
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New Jersey Appellate Court Rules Medical Malpractice Defendants Not Entitled To Offset For Settlement With Original Tortfeasor
In its opinion dated December 3, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in a case where the decedent had settled with the original tortfeasor for injuries she sustained as a result of… Read More
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Dental Malpractice Claim Alleging Improper Use Of Nitrous Oxide Revived
On November 13, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) revived a New Jersey dental malpractice case alleging that an endodontist, Ira J. Zohn, DMD (“(Zohn”) and a dental office, Advanced Endodontic Associates (“AEA”),… Read More
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New Jersey Appellate Court Affirms $20M Birth Injury Medical Malpractice Verdict Where Defense Attorney Suffered A Stroke During Trial
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated September 28, 2020, affirmed a New Jersey medical malpractice birth injury verdict in the amount of $20 million, despite the defense attorney having suffered… Read More
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New Jersey Appellate Court Affirms Medical Malpractice Defense Verdict Despite Graphic Photo Shown To Jury Pool
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its Per Curiam opinion filed on September 2, 2020 that showing the jury pool a graphic photo of a toddler in the ICU in a medical… Read More
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New Jersey Appellate Court Enforces Arbitration Of Nursing Home Injury Claim
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 3, 2020, affirmed the trial court’s order requiring that a New Jersey nursing home injury claim be arbitrated pursuant to an arbitration agreement… Read More
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New Jersey Appellate Court Dismisses Legal Malpractice Case Against Successor Medical Malpractice Lawyer
In a legal malpractice case arising out of a botched medical malpractice case, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) applied the three-step sequential analysis of Beauchamp v. Amedio, 164 N.J. 111, 118 (2000) to… Read More
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New Jersey Appellate Court Denies New Trial For Medical Malpractice Plaintiffs For Alleged Juror Bias
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 2, 2020, upheld the denial of a new trial for the New Jersey medical malpractice plaintiffs based on the alleged bias of a… Read More
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New Jersey Appellate Court Affirms Medical Malpractice Verdict For Stroke Victim With Factor V Leiden
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 12, 2020, held, “Viewing the evidence in a light most favorable to plaintiff, and granting him all reasonable inferences, we conclude that plaintiff… Read More
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New Jersey Supreme Court Refuses To Apply Common Knowledge Exception In Medical Malpractice Case
New Jersey’s Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, requires plaintiffs alleging medical malpractice against a licensed professional to include an affidavit from a medical expert in their filing. The affidavit must provide that there exists a reasonable probability… Read More
