Can You Sue Your HMO for Medical Malpractice?

By Michael Zerres

In many cases – NO The recent Appellate Division decision in Yodzis v. Health Net (2/26/09) reminds us that it is only in the rare circumstance when an HMO doctor actually provides treatment or is the employer of a treating physician and a patient may sue an HMO that is governed by ERISA for medical
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Affidavit of Merit Revisited

By Michael Zerres

In the last couple blog entries, I discussed the frequently litigated issue of timely filing an Affidavit of Merit in a professional malpractice case. As I stated below, in a malpractice case against someone like a physician, an Affidavit of Merit of a properly credentialed physician is required so that the case can move forward.
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Filling of Wrong Prescription by Pharmacist Does Not Require Affidavit of Merit Against Pharmacist/Pharmacy

By Michael Zerres

“Common Knowledge” Rule Found to Apply On April 21, 2008, the NJ Appellate Division published a decision involving a Walgreen’s pharmacist who filled a patient’s prescription incorrectly: in Bender v. Walgreen Eastern Co. Inc., the pharmacist was asked to fill a prescription for “Primidone” but mistakenly gave the patient a prescription for “Prednisone” – a
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Affidavit of Merit Not Required in Suit Against Midwife

By Michael Zerres

Serving an Affidavit of Merit in most medical malpractice suits is a prerequisite for the case to go forward. For example, in a suit against an obstetrician, a plaintiff must normally serve an Affidavit of Merit of a qualified obstetrician within 60 days of the filing of an Answer by the defendant or risk having
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