New Jersey Medical Malpractice Archives - Page 9 of 14

New Jersey Appellate Court Finds Extraordinary Circumstances To Excuse Late Filing Of Required Notice In Medical Malpractice Case

May 3, 2019

In its unpublished opinion filed on April 25, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held that a recent immigrant to the United States who suffered a life-threatening pelvic abscess and serious recurrent infections after delivering her ba[...]

New Jersey Appellate Court Holds Affidavit Of Merit Not Necessary In Ordinary Negligence Claim Against Hospital

April 5, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its unpublished decision filed on March 25, 2019, reversed the trial court’s dismissal of the plaintiff’s complaint filed against a hospital “because some of the claims asserted in pl[...]

New Jersey Appellate Court Revives Medical Malpractice Case Against Agency Nurse Not Identified In Hospital Records

April 2, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its unpublished opinion dated March 21, 2019: “Plaintiff and her counsel pursued reasonable steps to ascertain the true identity of Agency Nurse RN 104 before filing suit and before the statu[...]

New Jersey Appellate Court Affirms Defense Win In Medical Malpractice Informed Consent Case

March 6, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Apellate Court”) held in its unpublished opinion dated February 14, 2019 in a New Jersey medical malpractice case in which the plaintiff alleged that he had not given his consent for the surgery that the defendant surgeon p[...]

New Jersey Appellate Court Holds Discovery Rule Could Not Save Medical Malpractice Case Filed After Statute Of Limitations Expired

January 23, 2019

In its unpublished opinion filed on January 2, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held that the discovery rule did not apply in a New Jersey medical malpractice case so that the complaint was timely filed after the statute of limitati[...]

New Jersey Surgery Center Warns 3,778 Patients They May Have Been Exposed To Bloodborne Pathogens

December 26, 2018

A New Jersey surgery center has sent letters to 3,778 former patients, warning them that they may have been exposed to bloodborne pathogens due to inadequate sterilization processes (infection controls) used by the surgery center. The letter states, in part: “You are receiving this letter beca[...]

Six Children Have Died From Adenovirus At New Jersey Nursing Home

October 24, 2018

The New Jersey Department of Health (“Department”) announced on October 23, 2018 that six children in a New Jersey nursing and rehabilitation facility have died from an adenovirus that has sickened eighteen children. The New Jersey nursing home cares for long-term-care pediatric patients[...]

New Jersey Appellate Court Reverses Medical Malpractice Defense Verdict Due To Juror’s Conflict Of Interest

September 30, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its unpublished opinion filed on September 14, 2018 that the trial court mistakenly exercised its discretion by allowing a juror to serve after acknowledging a conflict of interest. The Underlying [...]

New Jersey Appellate Court Applies Common Knowledge Exception To Revive Medical Malpractice Case

September 24, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) decided in its opinion published on September 6, 2018 that the “common knowledge” exception relieved the New Jersey medical malpractice plaintiffs of the obligation to serve an affidavit of mer[...]

New Jersey Supreme Court Disallows Award Of Attorney Fees In Medical Malpractice Case Subject To High-Low Agreement

August 18, 2018

In its opinion filed on July 19, 2018, the Supreme Court of New Jersey (“New Jersey Supreme Court”) affirmed that the New Jersey medical malpractice plaintiff was not entitled to an award of attorney fees in a successful medical malpractice lawsuit where the parties entered into a high-l[...]

New Jersey Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Based On Equitable Estoppel

June 12, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) refused to enforce an arbitration agreement in a New Jersey nursing home wrongful death action. In its unpublished opinion filed on May 21, 2018, the New Jersey Appellate Court held that there is no eviden[...]

New Jersey Appellate Court Grants New Trial To Medical Malpractice Plaintiffs Due To Faulty Jury Instructions, Verdict Sheet

April 28, 2018

In its unpublished decision filed on April 18, 2018, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) reversed the defense verdict in a New Jersey medical malpractice case and remanded the case for a new trial, finding, in part, that there were material [...]

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Category: New Jersey Medical Malpractice