Contact Us





Anti-Spam Question:
 

May, 2012 | New Jersey Medical Malpractice Blog Archive

Medical Employer May Still Be Sued For Malpractice Even Though Employee’s Claims Dismissed On Statute Of Limitations Grounds

By Attorney Michael B. Zerres on May 21, 2012

In a recent Appellate Division decision, the Court held that a Hospital and Medical Group that employed a physician, who was dismissed from the case on statute of limitations grounds, may still be sued for medical malpractice on a vicarious liability theory.

In Walker v. Choudhary (A-1425-10T1 – Approved for Publication), a deceased patient’s family sued a medical practice group, hospital and four physicians for malpractice. One of the doctors moved to dismiss the complaint based upon an Affidavit of Non-Involvement. The motion was granted and plaintiff moved to add the correct doctor as a defendant. Subsequently, as more than 2 years had passed since the amendment to add the new doctor, and, because plaintiff had not acted diligently in moving to amend, the newly named doctor was dismissed from the case on statute of limitations grounds. The newly named physician had also been employed by the defendant South Jersey Emergency Room Physicians P.C. group. South Jersey Healthcare owned the defendant South Jersey Regional Medical Center, and, it was also contended that the newly added doctor would also have been an employee of the defendant South Jersey Healthcare under the principles of apparent authority and respondeat superior. Read the rest »


Chatham: (973) 635-5400     Jersey City: (201) 963-4711     Sea Girt: (732) 758-6333     North Bergen: (201) 861-7757

New Jersey Medical Malpractice Attorney Disclaimer: The New Jersey medical malpractice, accident, injury, serious accident, or other personal injury legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a New Jersey Personal Injury Attorney or Medical Malpractice Lawyer for a consultation on your particular medical malpractice matter. This web site is not intended to solicit clients for matters outside of the state of New Jersey.

© 2017 Super Lawyers®, Super Lawyers is a registered trademark of Thomson Reuters.

Copyright © 2017 Blume Goldfaden Berkowitz Donnelly Fried & Forte, Chatham, NJ - All rights reserved. Attorneys serving all New Jersey Counties and Communities.