The United States District Court for the District of New Jersey recently ruled that, while an Affidavit of Merit must normally be served in action for negligence or malpractice against a licensed psychologist and that the failure to timely do so may result in the action being dismissed pursuant to NJSA 2A:53A-27, such an Affidavit
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New Jersey’s Affidavit of Merit Statute requires that an Affidavit of Merit be served within 60 days of a defendant’s filing an Answer and no later than 120 days if leave to file is sought and good cause is shown. NJSA 2A:53A-27. If, after expiration of 120 days, an Affidavit of Merit is not served,
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I was recently on trial in Monmouth County on a medical malpractice case involving a birth injury known as an Erb’s Palsy. This is an injury to the brachial plexus which typically occurs at delivery when there is a shoulder dystocia (stuck shoulder) following delivery of the head, where the obstetrician pulls too hard on
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Magnetic resonance imaging (MRI) scans are widely used by doctors throughout the United States to provide detailed body imaging to help identify and diagnose medical conditions. In providing greater contrast between the soft tissues of the body than computed tomography (CT) scans, MRIs have proven to be significantly useful. However, the Food and Drug Administration
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Anderson v. Somberg does not require that a plaintiff prove with absolute certainty that defendants were negligent; only that that the event was “probably” caused by the negligence of the defendants. The New Jersey Appellate Division was recently called on again to analyze a medical malpractice case in the context of a possible Anderson v.
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