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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[...]

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[...]

Utah Supreme Court Rules Part Of Utah Health Care Malpractice Act Is Unconstitutional

July 20, 2019

In its opinion filed on July 19, 2019, the Supreme Court of the State of Utah (“Utah Supreme Court”) ruled that the requirement in the Utah Health Care Malpractice Act (“Act”) that a Utah medical malpractice claimant obtain a certificate of compliance from the Division of Occ[...]

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The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its unpublished decision filed on March 25, 2019, reversed the trial court’s dismissal of the plaintiff’s complaint filed against a hospital “because some of the claims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

Missouri Supreme Court Affirms Dismissal Of Medical Malpractice Case For Failure To File Affidavit Of Merit

May 19, 2018

The Supreme Court of Missouri (“Missouri Supreme Court”) held in its en banc opinion issued on May 1, 2018 that the Missouri medical malpractice plaintiff’s case was properly dismissed because she failed to file any affidavit of merit, not because she offered multiple affidavits or[...]

New Jersey Appellate Court Finds No Extraordinary Circumstances To Excuse Failure To File Affidavit Of Merit In Prison Medical Malpractice Case

March 13, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its opinion approved for publication on February 27, 2018 that the failure of the plaintiffs’ original New Jersey medical malpractice attorney to file the required Affidavit of Merit (AOM) in[...]

New Jersey Appellate Court Reverses Dismissal Of Ordinary Negligence Claim Against Nursing Home

July 18, 2017

In an unpublished opinion filed on June 26, 2017, the Superior Court of New Jersey Appellate Division (“Appellate Court”) held that the plaintiff’s complaint against the defendant nursing home involving the injuries he suffered as a result of his fall while being transferred from h[...]

Dismissal Of Ohio Medical Malpractice Case Upheld

July 17, 2012

In an appeal of the dismissal of an Ohio medical malpractice case, the Court of Appeals of Ohio upheld the dismissal in its opinion filed on July 10, 2012. The trial court had dismissed the medical malpractice case because the medical malpractice plaintiff allegedly had failed to comply with an Oh[...]

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Tag: affidavit of merit