New Jersey Medical Malpractice Archives - Page 7 of 14

New Jersey Appellate Court Rules Medical Malpractice Defendants Not Entitled To Offset For Settlement With Original Tortfeasor

December 25, 2020

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 a fall at a restaurant and later was injured (and[...]

Dental Malpractice Claim Alleging Improper Use Of Nitrous Oxide Revived

December 7, 2020

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”[...]

New Jersey Appellate Court Affirms $20M Birth Injury Medical Malpractice Verdict Where Defense Attorney Suffered A Stroke During Trial

November 8, 2020

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 an ischemic stroke just b[...]

New Jersey Appellate Court Affirms Medical Malpractice Defense Verdict Despite Graphic Photo Shown To Jury Pool

November 2, 2020

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 malpractice case involving the infant’s death allegedly cause[...]

New Jersey Appellate Court Enforces Arbitration Of Nursing Home Injury Claim

October 6, 2020

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 signed by the resident&#[...]

New Jersey Appellate Court Dismisses Legal Malpractice Case Against Successor Medical Malpractice Lawyer

September 8, 2020

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 determine the last possible dat[...]

New Jersey Appellate Court Denies New Trial For Medical Malpractice Plaintiffs For Alleged Juror Bias

June 28, 2020

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 juror who had previously been to the defendant’s[...]

New Jersey Appellate Court Affirms Medical Malpractice Verdict For Stroke Victim With Factor V Leiden

May 31, 2020

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 presented sufficient e[...]

New Jersey Supreme Court Refuses To Apply Common Knowledge Exception In Medical Malpractice Case

May 8, 2020

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 the standard[...]

New Jersey Supreme Court Discusses Contribution And Indemnification In Medical Malpractice Case

April 25, 2020

A recent case before the Supreme Court of New Jersey (“New Jersey Supreme Court”) arose out of a medical malpractice action based on the failure to detect the decedent’s cervical cancer via PAP smears. The New Jersey medical malpractice wrongful death lawsuit was filed against Ques[...]

New Jersey Appellate Court Refuses To Compel Arbitration Of Nursing Home Claim

April 24, 2020

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its decision dated February 26, 2020, “the idiosyncratic facts of this case overwhelmingly support the judge’s conclusion that there was no meeting of the minds between Charmaine [the n[...]

Multiple Violations Found At New Jersey Nursing Home Where 35 Residents Have Died From COVID-19 Since March

April 22, 2020

A New Jersey nursing home where 35 residents have died since March has been cited with five violations as a result of an inspection conducted on April 17, 2020. The nursing home had until April 20 to correct the violations. The plan of correction reportedly must include an on-site infection preventi[...]

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Category: New Jersey Medical Malpractice