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June, 2016 | New Jersey Medical Malpractice Blog Archive

Minor plaintiff cannot dismiss a claim without prejudice if Affidavit of Merit not timely filed – A.T. et al. v. Cohen et al., decided April 27, 2016

By Attorney Michael B. Zerres on June 10, 2016

In this medical malpractice suit, minor plaintiff’s mother filed this suit individually, and, on behalf of her daughter asserting medical malpractice claims. The Appellate Court considers whether a minor plaintiff can take a voluntary dismissal without prejudice under Rule 4:37-1(b) to avoid a dismissal with prejudice of her complaint for the failure to provide an affidavit of merit within the required time frame. Ultimately, it concluded that cannot use Rule 4:37-1(b) to avoid the time frames set forth in the “Affidavit of Merit” statute regardless of whether or not the statute of limitations had expired. Read the rest »

Posted in: Medical Malpractice


Testimony of plaintiff’s expert may be used to establish “fault” of settling defendant for purposes of “Young v. Latta” apportionment – Gatesy v. Perotte and Elliot, et al., decided April 7, 2016 (A-0360-13T3)

By Attorney Michael B. Zerres on June 2, 2016

In this medical malpractice action, the plaintiff experienced pain in his neck and difficulty breathing after engaging in playful wrestling the previous evening. The attending emergency physician, Dr. Perotte, applied a hard cervical collar and ordered an x-ray of plaintiff’s cervical spine. A CT scan was then performed, which revealed that plaintiff was experiencing a spinal cord compression, and “plaintiff had suffered a stable neck fracture with locked facets in the same area of his neck which contributed to the compression.” Dr. Perotte chose not to further immobilize plaintiff’s neck. Plaintiff later complained of numbness in both upper limbs but the nurse failed to update his chart or inform Dr. Perotte. He was also administratively admitted into the intensive care unit (ICU) but physically remained in the emergency department, which was no longer permitted to provide medical care to plaintiff except in the case of a life-threatening emergency. When the neurosurgeon started to initiate treatment, he was already suffering clinical paralysis and experiencing loss of normal neurological function, which had steadily declined since he was brought to the hospital. Read the rest »

Posted in: Medical Malpractice


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