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New Jersey Law Journal

MEDICAL MALPRACTICE

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.
2 minute read

New Jersey Law Journal

God's Waiting Room: Litigating Nursing Home Cases in the Age of COVID-19

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.
11 minute read

New Jersey Law Journal

Changes to Legal Malpractice Coverage: Just What the Doctor Ordered

An expert suggests that attorneys should disclose the coverage levels of their legal malpractice insurance to their physician clients, and that the minimum legal malpractice coverage held by an attorney defending a medical malpractice litigation should be increased to $5 million.
8 minute read

New Jersey Law Journal

Don't Panic: 6 Pointers for Navigating the TCA in Medical Malpractice Cases

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.
9 minute read

New Jersey Law Journal

Navigating NJ Telehealth and Telemedicine in the Climate of COVID-19

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.
9 minute read

New Jersey Law Journal

'Common Knowledge' Exception Not Applicable Where Patient Removed Breathing Tube, NJ Justices Rule

The justices said a jury needed expert opinion to determine the appropriate balance between patient autonomy and prescribed treatment.
4 minute read

New Jersey Law Journal

$6.5 Million Settlement Approved in Med Mal Case Over Hospital Patient's Death

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,…
4 minute read

The Recorder

Campaign to Lift Medical Malpractice Cap Punts Ballot Measure to 2022

"It will be more productive to have this conversation when everything stabilizes," ballot measure proponent Scott Olsen said.
3 minute read

The Legal Intelligencer

Court Calls for New Med Mal Trial, Reversing Ruling That Expert Testimony Was Insufficient

Providing guidance on the necessary elements of expert testimony in a medical malpractice case, the Pennsylvania Superior Court has reversed a trial judge's grant of nonsuit in favor of a Lancaster County surgeon sued for negligence after one of his patients died of a pulmonary embolism following colon surgery.
3 minute read

The Legal Intelligencer

Superior Court Continues to Shape Contours of Peer Review Privilege

The Pennsylvania Superior Court has waded once again into the murky waters of peer review privilege, this time laying out the requirements for a document to qualify for protection under the Patient Safety and Quality Improvement Act and clarifying the difference between a nonconfidential incident report and a peer review document covered under the Peer Review Protection Act.
7 minute read

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