Trepkau v. St. Clare’s Hosp. (A-4069-1454), Decided 08/14/17

By Michael Zerres

Plaintiff appealed from an order of the Law Division dismissing his professional malpractice and ordinary negligence Complaint against the emergency room nursing staff employed by St. Clare’s Hospital. Plaintiff experienced dizziness while being treated in the emergency room, asked for a wheelchair to access a bathroom, the request was denied, and he fell. After an
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Smolinski v. Dickes (A-0037-1574), Decided 05/08/17

By Michael Zerres

Plaintiffs appealed the grant of summary judgment in favor of defendant Dr. Richard Dickes and the no cause jury verdict in favor of defendant Marilyn Gaesser. Gaesser was a psychiatric nurse and Dr. Dickes was her collaborative physician. Plaintiff Smolinski began treatment with Gaesser, who diagnosed Amy with “major depression recurrent with anxiety”; this diagnosis
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De LaRoche v. Advanced Laparoscopic Association et al. (A-5403-1474) Decided 2/28/2017

By Michael Zerres

Plaintiff appealed two orders of the Trial Court. One which granted the defendant surgeon’s motion to dismiss plaintiff’s Complaint for failure to comply with the Affidavit of Merit Statue. The second Order denied plaintiff’s cross motion for a waiver of the specialty requirement on N.J.S.A 2A:53A-41(a). The Appellate Court affirmed the Trial Court’s denial of
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Clarification on the Statute of Limitations for “Survival” Claims – Warren v. Muenzen, 448 N.J. Super. 52, (Super. Ct. App. Div. 2016) December 7, 2016

By Michael Zerres

In this case, decedent’s wife filed suit approximately fifteen (15) months after his death alleging that the decedent’s primary care doctor failed to diagnose prostate cancer in 2007, and as a result, he was not diagnosed until October 2009. By that point, the cancer had metastasized to his brain and spine. On September 27, 2011
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