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July, 2015 | New Jersey Medical Malpractice Blog Archive

Defendant’s permitted to have plaintiff’s treating surgeon testify as to cause of decedent’s injuries – Caratozzolo v. Davis, et. als. Docket No. A-4773-11T3

By Attorney Michael B. Zerres on July 14, 2015

This medical malpractice claim arises from neurologic injuries plaintiff sustained after defendants failed to timely diagnose and treat his aortic dissection. At trial the jury found defendants did not deviate from accepted standards of care, except for a third year resident and a cardiac sonographer. However, as to those defendants who were negligent, the jury determined their deviations did not increase the risk of harm, and, thus a verdict of no cause for action was returned. . On appeal, plaintiff argued that the Trial Court erred in denying plaintiff’s motion to limit the testimony of plaintiff’s treating surgeon, Dr. Krause because he provided expert testimony as to causation, although he was not named as a trial expert. Read the rest »

Posted in: Medical Malpractice

Expert Testimony Not Always Needed to Support An Informed Consent Claim: Sharon Parker v. Joseph Ortiz, M.D. A-5868-11T1

By Attorney Michael B. Zerres on July 13, 2015

This medical malpractice action arises from an iridotomy performed on the plaintiff’s left eye, which resulted in post-operative complications. The Trial Court granted defendants motion for partial summary judgment on plaintiff’s informed consent claim, asserting plaintiff’s failure to provide expert medical evidence that the medical community knew of the risk of her specific injury. After hearing conflicting testimony regarding plaintiff’s negligence claim, the jury returned a verdict in favor of the defendants. Plaintiff moved for a new trial claiming the dismissal of her informed consent claim was in error, and the jury verdict was against the weight of the evidence. The motion for a new trial was denied. Read the rest »

Posted in: Medical Malpractice

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