New Jersey Law Journal | Analysis
By Heather M. LaBombardi and Nataliana A. Guida | May 6, 2021
If a plaintiff's fundamental cause of action sounds in professional negligence against a "licensed person," he or she may not evade the AOM requirement by suing only a public entity, and not the individual "licensed person." But what about the alleged medical negligence of an unlicensed person?
New Jersey Law Journal | Analysis
By R. Jason Richards | May 5, 2021
An important look at the standard for assessing medical causality, including the Bradford-Hill factors and U.S. Supreme Court precedent.
New Jersey Law Journal | Analysis
By Jordan S. Goldsmith and Lee S. Goldsmith | May 5, 2021
It is not uncommon to find a physician with one or more subspecialty doing work in one of them or none of them. Many physicians are being tasked, incentivized and sometimes required, to sub-specialize, since sub-specialists earn more than generalists, and those performing procedures earn more money than those who do not. When it comes time to review the appropriateness of an AOM, each subspecialty suddenly becomes important though it may be irrelevant.
By David Gialanella | March 24, 2021
A $2.75 million settlement in a Monmouth County medical malpractice case concerning a birth injury, Huemer-Sanfilippo v. Rattigan, was approved by the…
By Charles Toutant | March 5, 2021
The parents of a child who suffered severe brain damage during delivery received $7 million to settle their Passaic County medical malpractice suit,…
By Charles Toutant | February 19, 2021
The family of a woman who died after routine surgery has agreed to a $3.35 million settlement of her Middlesex County medical malpractice suit, Holland…
New Jersey Law Journal | Analysis
By Eric S. Poe | January 22, 2021
A plaintiff's passionate testimony is highly prejudicial in the eyes of a jury, yet has no probative value based on the instructions given to that jury. We need to eradicate this contradiction to ensure fairness in our judicial system.
By Charles Toutant | December 29, 2020
The ruling serves as a reminder to medical malpractice plaintiffs that, although they are frequently tripped up by New Jersey's affidavit of merit statute, it's far from the only hurdle such cases must navigate.
By Charles Toutant | November 30, 2020
A man whose diagnosis of bladder cancer was delayed agreed to a $1.25 million settlement in his Essex County medical malpractice suit, Wechsler v. Lefkon, M.D., on Oct. 29.
By Charles Toutant | November 12, 2020
The settlement illustrates the merits of persevering when initial indications suggest that a case lacks merit, the estate's lawyer, David Mazie, said. The first two liability experts who studied the case were unwilling to say that malpractice had been committed, he said.
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