The Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated in its opinion filed on July 9, 2020: “we consider whether a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a… Read More
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New Jersey Supreme Court Refuses To Apply Common Knowledge Exception In Medical Malpractice Case
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… Read More
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New Jersey Appellate Court Applies Common Knowledge Exception To Revive Medical Malpractice Case
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… Read More
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Kentucky Appellate Court Applies Common Knowledge Exception To Expert Testimony In Stroke Misdiagnosis Medical Malpractice Case
NOTE: THE FOLLOWING KENTUCKY COURT OF APPEALS CASE WAS REVERSED BY THE KENTUCKY SUPREME COURT ON AUGUST 29, 2019 In its unpublished opinion filed on July 21, 2017, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that… Read More
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Tennessee Appellate Court Determines Claim Against EMT Did Not Require Expert’s Report
The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on May 2, 2017, that “it would be within the common knowledge of a layperson whether an EMT’s alleged negligent, reckless, or intentional striking… Read More
