Should Patients Be Informed Before Surgery If Their Doctor Is Sleep Deprived?

By Michael Zerres

It is widely believed that sleep deprivation impairs performance as severely as alcohol intoxication. A recent article published by The New England Journal of Medicine discussed the impact a physician’s sleep deprivation has on their job performance and asserted that patients should be informed of a doctor’s lack of sleep before an elective surgical procedure.
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Jury Verdict for Plaintiff Returned in Erb’s Palsy Case

By Michael Zerres

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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Doctors Warned by FDA About Fatal Side Effect of MRI Contrast Medications

By Michael Zerres

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. Sonberg Requires Plaintiffs to Only Prove That an Event Was “Probably” Caused by Defendants’ Negligence

By Michael Zerres

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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Walmart Pharmacist May Be Liable for Punitive Damages, Court Rules

By Michael Zerres

The United States District Court for the District of New Jersey has denied a request from Wal-mart pharmacist and Wal-mart itself to dismiss a plaintiff’s claim for punitive damages in a lawsuit filed by the plaintiff alleging that the pharmacist filled a prescription in error. In Horn v. Wal-Mart Stores, Inc., 2009 U.S. Dist. LEXIS
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