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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Can a defense lawyer contact someone affiliated with your treating doctor’s medical group and use them as an expert witness against you? No, they cannot, according to a recent Appellate Division decision in Carchidi v. Iavicoli, 2010 N.J. Super. LEXIS 46, decided March 24, 2010. In Carchidi, the infant plaintiff was born three months premature
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Generally speaking, when a plaintiff in New Jersey sues a board-certified medical specialist, an Affidavit of Merit is required to be served by the plaintiff’s attorney from a board-certified physician who is in the same specialty as the defendant(s) being sued. New Jersey’s Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, et .seq. requires that, but only
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In most medical malpractice cases filed in New Jersey, an Affidavit of Merit is required from a healthcare professional specialist in the same field of practice as the defendant that is being sued. For example, in a suit against an obstetrician, one would need an Affidavit of Merit from a practicing obstetrician. In a suit
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Hospital Errors to be Reported; Hospitals Prohibited from Charging for Certain Errors New Jersey Patient Safety New Jersey recently passed a bill aimed at improving healthcare and patient’s rights. Entitled “An Act Concerning Patient Safety,” the measure requires the Department of Health and Human Services to be notified of certain patient safety “indicators” (or possible
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