Medical Malpractice Blog

In this case, plaintiff underwent a colonoscopy and polypectomy performed by the defendant doctor. Plaintiff alleged that the defendant negligently performed the procedure by failing to create a cushion underneath her polyp. A claim for failure to obtain informed consent was not asserted. Prior to trial, plaintiff filed a motion to exclude as evidence the
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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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Case Name: Estate of Joseph Gamma v. Cedar Hill Health Care Center, et al. (Docket No. A03544-13T4): Decided June 30, 2017 Plaintiff’s decedent died from injuries he suffered after falling off his bed in a nursing home. His estate and wife filed an action alleging that the death was the result of falling off a
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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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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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