Abbott Brown

Abbott Brown

May 20, 2021 | New Jersey Law Journal

How to Prove a Claim Pursuant to the NJ Nursing Home Act

The Appellate Division recently provided a roadmap for proving a claim and obtaining an award of attorney fees pursuant to the New Jersey Nursing Home Responsibilities and Residents' Rights Act.

By Richard J. Talbot and Abbott Brown

10 minute read

May 14, 2021 | New Jersey Law Journal

How About an Affidavit of a Meritorious Defense in Med Mal Cases?

The handling of malpractice cases would be much more efficient if defendants were required to provide an affidavit from a qualified expert early on in the case stating, under oath, that the treatment at issue complied with the standard of care.

By Abbott Brown

7 minute read

June 13, 2019 | New Jersey Law Journal

Use of the Judgment Charge in Legal Malpractice Cases

Model Jury Charge 5.51, Legal Malpractice, needs to be updated

By Jon Lomurro, Gary Riveles and Abbott Brown

8 minute read

October 25, 2018 | New Jersey Law Journal

'Nicholas v. Hackensack': The Affidavit of Merit Made Simple

A recent appellate decision may clear up the legal-practice minefield of the Affidavit of Merit Statute and the Patients First Act.

By Jon Lomurro and Abbott Brown

9 minute read

October 11, 2018 | New Jersey Law Journal

Med Mal Defendants Must Tell the Truth, the Whole Truth and Nothing but the Truth

'Brugaletta' is a landmark decision that will fundamentally change the pre-trial process in many complex malpractice cases.

By Jon Lomurro and Abbott Brown

9 minute read

October 02, 2017 | New Jersey Law Journal

The Use and Abuse of Informed Consent

Two recent Appellate Division cases ('Ehrlich' and 'Granovsky'), have demonstrated that the doctrine of informed consent can be abused to confuse the issues. in medical malpractice cases.

By Jon Lomurro and Abbott Brown

8 minute read

July 24, 2017 | New Jersey Law Journal

Wrongful Death Cases Revisited: Not Every Mistake is Fatal

There are three cases holding that the "technical mistake" of not obtaining both general letters of administration and letters of administration ad prosequendum can be cured at any stage of the litigation.

By Jon Lomurro and Abbott Brown

5 minute read

May 15, 2017 | New Jersey Law Journal

Physician Assistants Will Play Increasing Role in Malpractice Litigation

Hospitals, clinics and medical practices are increasingly employing physician assistants; this article provides an overview of how these assistants fit into the scheme of medical malpractice litigation.

By Abbott Brown and Jonathan Lomurro

18 minute read

January 14, 2015 | New Jersey Law Journal

Why 'Nicholas v. Mynster' Should Be Reconsidered

A commentary authored by three medical malpractice attorneys--and endorsed by 104 more--explaining why Nicholas v. Mynster should be reconsidered by the Supreme Court of New Jersey.

By Abbott Brown, Jonathan Lomurro and Gary Riveles

11 minute read

January 14, 2015 | New Jersey Law Journal

Why 'Nicholas v. Mynster' Should Be Reconsidered

A commentary authored by three medical malpractice attorneys--and endorsed by 104 more--explaining why should be reconsidered by the Supreme Court of New Jersey.

By Abbott Brown, Jonathan Lomurro and Gary Riveles

11 minute read