New Jersey Medical Malpractice Archives - Page 4 of 14

New Jersey Appellate Court Discusses Need For Affidavit Of Merit In Vicarious Liability Claim Against Nursing Home

February 27, 2024

Background Facts Plaintiff, as administratrix ad prosequendum for the estate of decedent, sued a nursing facility and a hospital alleging negligent care that resulted in pressure wounds and, ultimately, decedent’s physical decline and death. Plaintiff asserted direct claims of administrat[...]

New Jersey Appellate Court Remands Pharmacy Malpractice Case Claiming Negligence In Filling Excessive Amounts Of Addictive Medications

December 26, 2023

Plaintiff George Shamy was the father of Deanna D. Shamy. In 2017, Deanna died from an overdose of prescription medications. Two years after her death, George, individually and as administrator of Deanna’s estate, sued fourpharmacies he alleged negligently filled Deanna’s prescriptions f[...]

New Jersey Appellate Court Affirms Defense Verdict In Failure To Test Newborn’s Blood Sugar Level Before Discharge Malpractice Case

November 28, 2023

David Breymeier was born March 21, 2000, weighing five pounds, six ounces, slightly small for his gestational age, like the oldest of the parents’ other children, but healthy with excellent Apgar scores. A little less than an hour after birth, however, David was observed by hospital staff to h[...]

New Jersey Provides Constitutionally Deficient Care At Two State Run Veterans’ Homes

November 21, 2023

The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey announced on September 7, 2023 that they have concluded an investigation into whether New Jersey subjected residents of two veterans’ homes to conditions that violate the 14th A[...]

New Jersey Appellate Court Affirms Dermatologist Not Qualified To Testify To Standard Of Care Of Internal Medicine Physician In Medical Malpractice Case

November 16, 2023

The New Jersey Medical Care Access and Responsibility and Patients First Act (PFA), N.J.S.A. 2A:53A-37 to -42, provides that for New Jersey medical malpractice cases involving a defendant doctor who practiced and rendered treatment within a recognized specialty: “If the party against whom or o[...]

New Jersey Appellate Court Rules No Affidavit Of Merit Necessary For Failure To Report Suspected Child Abuse By Physician Claim

November 10, 2023

The issue decided by the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) in its August 31, 2023 Per Curium opinion was whether an affidavit of merit must be served on a defendant, who as a physician is a “licensed person” within the meaning of t[...]

New Jersey Supreme Court Orders New Trial In Pelvic Mesh Case

October 5, 2023

The New Jersey Supreme Court stated in its July 25, 2023 opinion: “In this products liability matter involving “pelvic mesh” medical devices, the Court considers whether defendant C.R. Bard, Inc., was denied a fair trial by the trial court’s determination that defendant could not present[...]

New Jersey Appellate Court Rules State Immune From Lawsuit Alleging Failure To Report Results Of Routine Newborn Testing

October 1, 2023

N.J.S.A. 26:2-110 and -111, as they existed in June 2001 at the time of Jayson Sugden’s birth, required the New Jersey Department of Health to test all infants born in New Jersey for “hypothyroidism, galactosemia, phenylketonuria, and other preventable biochemical disorders which may cau[...]

New Jersey Supreme Court Addresses Who May Attend Defense Medical Examination (DME)

August 13, 2023

Court Addresses Who May Attend Defense Medical Examination: In its June 15, 2023 Opinion, the New Jersey Supreme Court stated: “We are asked here to clarify procedures regarding who may attend a defense medical examination — as well as whether and how such examinations may be recorded &#[...]

New Jersey Appellate Court Revives Medical Malpractice Case Against Quest Diagnostics, Inc.

July 10, 2023

Court Revives Case Against Quest Diagnostics: In her New Jersey medical malpractice action, plaintiff Maryanne Cenni alleged that Laboratory Corporation of America Holdings and its employees (collectively LabCorp) failed to properly interpret plaintiff’s annual cervical cytology (Pap smear) sl[...]

New Jersey Appellate Court Holds SmileDirectClub Member Must Arbitrate His Product Liability Claim

July 6, 2023

Court Holds SmileDirectClub Member Must Arbitrate: SmileDirectClub, LLC (SDC) offers a telemedicine platform that enables affiliated dentists and orthodontists to provide clear-aligner treatment as an alternative to traditional orthodontic braces. To receive treatment and aligners via the internet, [...]

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Defective Affidavit Of Merit

July 1, 2023

Case Dismissed Due To Defective Affidavit Of Merit: Alexandrianna Lowe (Lowe) was admitted to Hackensack Meridian Jersey Shore University Medical Center (JSUMC) from July 20, 2018 through July 22, 2018 through the Emergency Department. Defendant Michael P. Carson, M.D. was the admitting physician. L[...]

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Category: New Jersey Medical Malpractice