This medical malpractice action arose out of alleged negligent treatment of plaintiff’s decedent while admitted to St. Barnabas Hospital. Both defendant physician and plaintiff’s proffered expert were board certified in Internal Medicine and the subspecialty of Cardiovascular Disease. However, plaintiff’s expert was not board certified in defendant Dr. Nicholas Tullo’s second subspecialty, “Clinical Cardiac Electrophysiology.” Dr. Tullo moved for Summary Judgment, seeking dismissal of the Complaint, due to plaintiff’s failure to provide expert testimony rendered by an appropriately-qualified physician. The issue presented in defendant’s Summary Judgment motion was whether, in a medical malpractice action, an additional subspecialty certification held by a defendant doctor bars the use and testimony of a plaintiff’s expert who otherwise shares the defendant doctor’s professional credentials, but lacks certification in the additional subspecialty. Read the rest »
Plaintiff brought this medical malpractice action as a result of complications suffered following a hysterectomy. Plaintiff attempted to amend her Complaint to include an additional defendant physician, Daniel H. Tobias, M.D. The trial court entered an interlocutory Order denying plaintiff’s attempt to amend her Complaint, finding that the two-year statute of limitations had expired and plaintiff had not demonstrated at an evidentiary hearing that principles of equitable tolling justified an extension of the two-year statute of limitations.
Plaintiffs were then granted leave to appeal the trial court’s order. The Appellate Division, in a decision dated November 27, 2013, reversed the trial court’s order, finding that under the distinctive circumstances of the case, principles of equitable tolling warrant the inclusion of Doctor Tobias as a co-defendant. The Court found that these circumstances included: faulty medical recordkeeping that omitted Dr. Tobias from the operative report as one of the doctors who performed surgery on plaintiff; the lead surgeon’s failure to disclose Dr. Tobias’ involvement to the plaintiff when she consulted him about post-surgical complications; and incomplete, potentially misleading interrogatory responses by co-defendants which masked Dr. Tobias’ involvement. As plaintiff and her attorneys acted reasonably under the circumstances, and had scant reason to believe that another surgeon, Dr. Tobias, participated in the operation, equitable principles justified tolling the two-year statute of limitations. Read the rest »
This action arose out of plaintiff’s allegations that defendant physician negligently disclosed information regarding plaintiff’s use of certain medication to plaintiff’s wife, which enabled her to bring charges of sexual infidelity against him. Plaintiff sought compensatory and punitive damages from the defendant physician for breach of confidentiality, negligence, and negligence per se. Plaintiff further moved for an Order waiving the statutory requirement of an Affidavit of Merit under the common knowledge exception. Read the rest »