New Jersey Law Journal | Analysis
By New Jersey Law Journal | May 11, 2020
A special section exploring current issues in medical malpractice law. A look at the new practice of "telemedicine"; navigating the Torts Claims Act in med mal cases; legal malpractice insurance for attorneys representing doctors in med mal cases; and litigating nursing home cases in the age of COVID-19.
New Jersey Law Journal | Analysis
By Kay Van Wey | May 8, 2020
Long-term care facilities that fail to adhere to CMS guidelines for COVID-19 infection control may face legal liability for outbreaks at their facility. Only the most egregious cases will likely meet the gross negligence standard adopted in many states.
New Jersey Law Journal | Analysis
By Patricia M. Giordano | May 6, 2020
Many health care professionals are in fact New Jersey employees working within the scope of state employment at the time of their alleged negligence. Medical malpractice counsel must be versed in the New Jersey Tort Claims Act in order to properly address such claims.
New Jersey Law Journal | Analysis
By Mary Kate McGrath and Adam J. Fulginiti | May 5, 2020
As the crisis progresses, health-care practitioners at every level should be kept apprised of new developments in the law, which can impact their practices, their patients, and their peace of mind.
By Charles Toutant | May 4, 2020
The justices said a jury needed expert opinion to determine the appropriate balance between patient autonomy and prescribed treatment.
By David Gialanella | April 30, 2020
A Middlesex County judge on April 23 approved the final portion of a $6.5 million settlement in a medical malpractice suit, Estate of Horvath v. Alegre-Gomez,…
By Amanda Bronstad | April 27, 2020
On Monday, U.S. District Judge Freda Wolfson, who is overseeing the talcum powder multidistrict litigation against Johnson & Johnson, found that five plaintiffs' experts, two of whom have testified before Congress on talcum powder safety, could appear before juries. The ruling is the first in which a federal judge has ruled on the scientific evidence in talc trials.
By Charles Toutant | April 21, 2020
The new suits claim deviations from accepted medical practices put residents at risk.
By Charles Toutant | April 14, 2020
The plaintiff demonstrated he had a good-faith and reasonable belief that his superiors' requests to take actions against another employee constituted efforts to unlawfully retaliate against that employee for the filing of a sexual harassment complaint.
New Jersey Law Journal | Analysis
By Lisa Gora and Michael F. Schaff | April 14, 2020
In a continuing effort to secure the safety and health of its residents, New Jersey has recognized ATCs that dispense medical marijuana as 'essential,' and issued regulatory waivers to improve patient access.
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