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October, 2013 | New Jersey Medical Malpractice Blog Archive

Troy D. v. Mickens

By Attorney Michael B. Zerres on October 17, 2013

Two juvenile plaintiffs instituted an action against a group of psychologists alleging injuries as a result of being held in isolation for significant periods of time while in the custody of the New Jersey Juvenile Justice Commission. At issue was whether the Court should have granted the medical defendants’ motion to dismiss the Complaint as plaintiffs did not serve Affidavits of Merit in accordance with N.J.S.A. 2A:53A-26 to -29. Read the rest »

Posted in: Medical Malpractice

Graham v. Mehta

By Attorney Michael B. Zerres on October 16, 2013

In this case, the plaintiff went to the hospital for surgery to correct complications related to two prior surgeries. During the post-operative period, Dr. Mehta, the defendant attending physician ordered or allowed the administration of Lopressor, a beta blocker designed to reduce a fast heart rate. Plaintiff went into cardiac arrest, causing her to end up in a permanent vegetative state. It was alleged that Lopressor should not have been given under the circumstances, and, that it caused plaintiff’s heart rate to drop too low to the point that she went into cardiac arrest.

Originally, the plaintiff sued two other doctors, the hospital and the nurse who administered the Lopressor. She settled with all of those defendants prior to trial in the aggregate sum of $2,725,000. The remaining defendant (Mehta) claimed that he should have been entitled to a credit of $2,725,000 in the event a verdict was returned against him, such that he would only be responsible for any damage awarded in excess of the settlement amount. The Trial Court, in a September 10, 2013 decision approved for publication, found that in order for a defendant to be entitled to a credit, the jury must be provided sufficient information to be able to determine the actual liability of the settling co-defendants. Thus, a jury can only assess the liability of a settling co-defendant if there is evidence, in the form of expert testimony, potentially implicating the settling defendants. Read the rest »

Posted in: Medical Malpractice

Joyner v. Ortiz

By Attorney Michael B. Zerres on October 14, 2013

In this malpractice action against three doctors arising out of the wrongful death of a father of minor children following emergency room care at Trinitas Regional Medical Center, the plaintiff timely commenced the action within two years of the death of the patient. Almost two years later, plaintiff filed a first amended Complaint adding an insurance company as a defendant. Two months after that the plaintiff filed a second amended Complaint adding two medical treatment facilities as defendants. Finally, one month later, which was nearly four years after decedent’s death, plaintiff was granted leave to add Trinitas Regional Medical Center as a defendant. Trinitas subsequently filed a motion to dismiss plaintiff’s complaint as time-barred under by the statute of limitations. (N.J.S.A. 2A:31-3) This motion was denied by the Trial Court, and, Trinitas was granted leave to appeal. Read the rest »

Posted in: Medical Malpractice

Kim v. Ahn

By Attorney Michael B. Zerres on October 11, 2013

This was a medical malpractice action against medical brought as a result of alleged negligent treatment of tuberculosis meningitis. Prior to trial, the plaintiff served an Affidavit of Merit prepared by a Dr. Ackley, who was board certified in internal medicine. However, one of the defendants, Dr. Ahn, was board certified in family medicine. Dr. Ahn’s counsel did not pose any objection to the sufficiency of Dr. Ackley’s Affidavit of Merit, and moreover, counsel for Dr. Ahn provided plaintiff with a signed waiver acknowledging the sufficiency of the Affidavit.

At trial, no pretrial motion was filed to bar Dr. Ackley’s expert testimony under N.J.S.A. 2A:53A-41 (the Patients First Act.) As the case proceeded, plaintiff’s counsel notified the Court that they would be calling Dr. Ackley to testify the following day. Defense counsel for Dr. Ahn stated that he would be filing a motion to bar Dr. Ackley’s testimony as to Dr. Ahn since Dr. Ackley was not a family practitioner.. Plaintiff’s counsel objected to the delayed objection to Ackely’s qualifications, noting that the case had been in litigation for five years. The Court ordered a hearing pursuant to N.J.R.E. 104 to determine if Dr. Ackley could testify. The Court found that under the Patients First Act, Dr. Ackley’s testimony was barred because he was not board certified in the same specialty or subspecialty as Dr. Ahn. Therefore, because plaintiff had no other expert to offer standard of care testimony as to medical defendant Dr. Ahn, the Trial Court granted Dr. Ahn’s motion to dismiss plaintiff’s complaint. Read the rest »

Posted in: Medical Malpractice

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