New Jersey Medical Malpractice Archives - Page 6 of 14

New Jersey Appellate Court Affirms Summary Judgment For Hospital In Patient’s Fall From Operating Room Table

January 3, 2022

In its unpublished opinion dated November 17, 2021, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated: “As noted above, we assume, as plaintiff argues, that Marilyn fell from the operating table. That at best means she was entitled to the ben[...]

New Jersey Appellate Court Remands Medical Malpractice Case To Determine Accrual Date And If Extraordinary Circumstances Exist

December 29, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its November 12, 2021 unpublished decision “because the court did not determine the accrual date and therefore could not properly assess whether there were exceptional circumstances during th[...]

New Jersey Appellate Court Affirms Dental Malpractice Jury’s Damages Award But Remands On Liability And Proximate Cause

November 24, 2021

In its October 15, 2021 decision, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in a dental malpractrice case: “defendants have not challenged the amount of the jury award. The primary thrust of their contentions is that the trial court mad[...]

$6.2M Settlement For 13 Families Harmed By Pediatric Nursing Home’s Inadequate Virus Response (Pre-COVID)

November 9, 2021

Thirteen families obtained a $6.2 million settlement from the former operators of the Wanaque Center for Nursing and Rehabilitation, a pediatric nursing facility in Passaic County, New Jersey, who had alleged that the facility experienced a viral outbreak among its young patients in 2018 but failed [...]

New Jersey Appellate Court Affirms Lack Of Expert Opinion Doomed Rehab Malpractice Claim

July 17, 2021

The Superior Court of New Jersey Appellate Divison (“New Jersey Appellate Court”) held in its decison dated June 28, 2021: “we are satisfied that a determination to the appropriate standard of care, and any deviation, related to Knight’s transfer of plaintiff, involved an [...]

Federal Appellate Court Reinstates Nursing Home Negligence Lawsuit Despite Plaintiff’s Noncompliance With Discovery

June 30, 2021

The United States Court of Appeals for the Third Circuit (“Federal Appellate Court”) held in its precedential Opinion dated June 15, 2021: “Victor Mondelli sued Berkeley Heights Nursing and Rehabilitation Center (“Berkeley Heights”) and several of its employees for violating th[...]

New Jersey Medical Malpractice Case Involving Spinal Abscess Filed Too Late

June 8, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its May 24, 2021 opinion in a New Jersey medical malpractice case where the plaintiff alleged that the defendants failed to timely diagnose and drain his spinal abscess that led to permanent para[...]

New Jersey Appellate Court Orders New Trial For Remnant Gallbladder Medical Malpractice Case

May 14, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) ordered a new trial in a New Jersey medical malpractice case involving gallbladder removal surgery where the defendant surgeon left a portion of the gallbladder, stating “the jury was never provided [...]

New Jersey Appellate Court Overturns Two Pelvic Mesh Verdicts In Favor Of Plaintiffs

March 24, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) overturned two large pelvic mesh verdicts in favor of the plaintiffs in two pelvic mesh product liability lawsuits, stating in its published opinion dated March 2, 2021, “we conclude the two respecti[...]

New Jersey Appellate Court Does Not Allow Expert’s Net Opinion Against Assisted Living Facility

March 10, 2021

In its decision filed on February 5, 2021, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in an assisted living negligence case that “inspecting a patient’s room at least once per hour may well be a reasonable standard, depending on ho[...]

New Jersey Appellate Court Affirms No Affidavit Of Merit Needed For Malpractice Claim Involving Unlicensed Employee

February 19, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its published opinion filed on January 27, 2021, “This appeal presents a discrete yet novel issue, requiring us to determine whether an affidavit of merit (AOM) is mandated under the Affida[...]

New Jersey Appellate Court Holds Medical Malpractice Plaintiff Failed To Support Claim For Emotional Distress

January 16, 2021

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 leg. Plain[...]

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Category: New Jersey Medical Malpractice