New Jersey medical malpractice lawyers Archives - Page 2 of 4

New Jersey Supreme Court Addresses Affidavit Of Merit Requirements In Medical Malpractice Cases

September 17, 2024

Pursuant to N.J.S.A. 2A:53A-27, a plaintiff in an action against a licensed professional must produce an affidavit from an expert attesting to the merits of the claim. Issues regarding the expert affidavit — the Affidavit of Merit (AOM) — are to be resolved at an accelerated case managem[...]

New Jersey Appellate Court Affirms Dismissal Of Prenatal Medical Malpractice Case For Second Time

July 10, 2024

On July 14, 2022, the Superior Court of New Jersey Appellate Division reversed the trial court’s denial of summary judgment to defendants in a prenatal medical malpractice case and concluded the minority-tolling statute does not apply to extend the statute of limitations to deceased minors. Mo[...]

Federal Appellate Court Affirms Remand Of COVID-19 Nursing Home Cases To State Court

April 27, 2024

In four consolidated cases, entities and individuals associated with a New Jersey nursing home (Alliance) appealed the orders of three judges of the United States District Court for the District of New Jersey who remanded to state court personal injury actions brought by the legal representatives of[...]

New Jersey Appellate Court Affirms Defense Verdict In Failure To Test Newborn’s Blood Sugar Level Before Discharge Malpractice Case

November 28, 2023

David Breymeier was born March 21, 2000, weighing five pounds, six ounces, slightly small for his gestational age, like the oldest of the parents’ other children, but healthy with excellent Apgar scores. A little less than an hour after birth, however, David was observed by hospital staff to h[...]

New Jersey Appellate Court Affirms Dermatologist Not Qualified To Testify To Standard Of Care Of Internal Medicine Physician In Medical Malpractice Case

November 16, 2023

The New Jersey Medical Care Access and Responsibility and Patients First Act (PFA), N.J.S.A. 2A:53A-37 to -42, provides that for New Jersey medical malpractice cases involving a defendant doctor who practiced and rendered treatment within a recognized specialty: “If the party against whom or o[...]

New Jersey Appellate Court Rules No Affidavit Of Merit Necessary For Failure To Report Suspected Child Abuse By Physician Claim

November 10, 2023

The issue decided by the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) in its August 31, 2023 Per Curium opinion was whether an affidavit of merit must be served on a defendant, who as a physician is a “licensed person” within the meaning of t[...]

New Jersey Supreme Court Addresses Who May Attend Defense Medical Examination (DME)

August 13, 2023

Court Addresses Who May Attend Defense Medical Examination: In its June 15, 2023 Opinion, the New Jersey Supreme Court stated: “We are asked here to clarify procedures regarding who may attend a defense medical examination — as well as whether and how such examinations may be recorded &#[...]

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Defective Affidavit Of Merit

July 1, 2023

Case Dismissed Due To Defective Affidavit Of Merit: Alexandrianna Lowe (Lowe) was admitted to Hackensack Meridian Jersey Shore University Medical Center (JSUMC) from July 20, 2018 through July 22, 2018 through the Emergency Department. Defendant Michael P. Carson, M.D. was the admitting physician. L[...]

New Jersey Appellate Court Dismisses Contribution Claim In Medical Malpractice Case

September 10, 2022

In its unpublished opinion dated June 20, 2022, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in a case where the underlying cause of action was for medical malpractice, “In this appeal, we consider again whether a settling tortfeasor may[...]

New Jersey Appellate Court Rejects Challenge To Right To Die Law

September 4, 2022

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its published opinion dated June 10, 2022: “After nearly a decade of deliberations among “policy makers, religious organizations, experts in the medical community, advocates for perso[...]

New Jersey Appellate Court Applies Relation Back Doctrine In Allowing Counterclaim Of Former Patient Against Defendant Mental Health Facility

May 19, 2022

On December 7, 2017, plaintiff sustained severe bodily injuries near her home in Brooklyn, New York, when Michael Gitelis assaulted her. After knocking plaintiff to the ground, Gitelis jumped into her Toyota Camry, put the car in reverse, and struck her with the car. A day earlier, Gitelis had been [...]

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[...]

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Tag: New Jersey medical malpractice lawyers