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Birth Injury | New Jersey Medical Malpractice Blog

Camacho-Gardner v. Rubenstein, HUD-L-6541-10

By Attorney Michael B. Zerres on March 11, 2014

This medical malpractice action arises from alleged negligent neonatal care of the infant decedent following her delivery via C-section. The defendant physicians moved for summary judgment on the basis that plaintiff’s neonatologist expert was not qualified to testify under N.J.S.A. 2A:53A-41(a)(1) (The Patients First Act) because he was retired before the alleged malpractice occurred. The plaintiffs argue that, although the expert is retired from active clinical practice, because he is still Board Certified in neonatology, he is qualified.

The court held that the expert failed to meet the statutory requirements because he was no longer practicing at a hospital at the time of the occurrence, and thus, he was also not credentialed by a hospital at the time of the occurrence. Furthermore, the court determined the expert could not testify because he did not devote a majority of his professional time to the clinical practice of neonatology in the year preceding the occurrence, and, although he was teaching at the time of the occurrence, he was only teaching physician assistants, which does not satisfy the requirement that the expert be instructing students in the same health care profession in which the defendant is licensed. Read the rest »

Posted in: Birth Injury


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