New Jersey Law Journal | Analysis
By Michael C. Zogby and Daryl Daly | May 14, 2018
Courts in many jurisdictions have found that detail representatives owe no legal duty to patients or physicians under failure-to-warn principles or medical malpractice negligence theories.
New Jersey Law Journal | Analysis
By Edward Grossi | May 14, 2018
The enforceability of arbitration agreements between nursing homes and their residents is a fact-driven inquiry and implicates important policy considerations related to public safety that are not found in the typical dispute over an arbitration provision.
By Charles Toutant | David Gialanella | Michael Booth | May 7, 2018
A Union County jury awarded $4.5 million on April 6 in a medical malpractice suit, Ayala v. Friedlander, M.D., over errors in a man's spinal surgery.But…
By Charles Toutant | Michael Booth | April 30, 2018
The plaintiff's recovery in the case is limited to $18.3 million because the jury apportioned fault to a defendant who had previously settled.
By Michael Booth | April 10, 2018
A New Jersey appeals court has ruled that a medical malpractice plaintiff prevented from testifying at his civil trial based on the potential prejudice his cognitive impairments might have had on the defendant doctor is entitled to a new trial.
By Michael Booth | April 9, 2018
The New Jersey Supreme Court is considering whether a medical malpractice plaintiff who took the rare step of seeking counsel fees under the offer-of-judgment rule, even after entering a high-low agreement that was silent on the issue, may recover such fees.
By Greg Land | April 2, 2018
A federal jury in Arizona's verdict included $2 million in punitive damages against the makers of an implanted blood filter that broke apart and left fragments in a woman's heart and lodged in her artery. More than 3,000 suits have been filed against C.R. Bard over the devices.
By Michael Booth | March 19, 2018
The three-judge Appellate Division panel reinstated the lawsuit, which alleged that 42-year-old Michelle Skounakis died 15 days after she was prescribed Cytomel, a thyroid hormone that can be used as a weight-loss medication.
New Jersey Law Journal | Analysis
By Tom Comer and Jon Lomurro | March 19, 2018
The Affidavit of Merit Statute, became effective in 1995. Since then, the courts and parties to malpractice cases have been subjected to a never-ending flood of motions and appeals involving the AMS.
By Michael Booth | March 12, 2018
The New Jersey Supreme Court is considering whether a hospital maintains the right of confidentiality for its internal review documents detailing adverse events even when it does not follow mandated procedure for reporting incidents to the state Department of Health.
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