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Medical Evidence

Radbill v. Mascolo, A-4658-10T4 – Improper Use of Non-Testifying Physician’s Office Notes

By Attorney Michael B. Zerres on August 2, 2012

In a personal injury action where the plaintiff claimed he required surgery for a herniated lumbar disk, defense counsel attempted to use an office note of a physician during cross-examine of a plaintiff’s recollection about prior complaints of lower back pain. The note had L5 circled for nine different office visits. Neither the physician nor anyone from his staff was called to testify about the note. Plaintiff also testified that the notes did not refresh his recollection. In addition, the note did not contain any statements attributable to the plaintiff. Read the rest »


Court Rules that a Defense Expert Cannot Review MRI Films for the First Time at Trial

By Attorney Michael B. Zerres on June 9, 2011

In a non-medical malpractice case, but on an issue that is certainly relevant to medical malpractice practioners, the Appellate Division in Ingrao v. Goncalves, A-1332-10T1, ruled that a defense expert could not examine MRI films for the first time in Court.

The case involved a damages only trial following a motor vehicle accident. Defendant’s examining defense expert, Francis DeLuca M.D. attempted to review MRI films taken of the patient’s lumbar spine for the first time in Court. Those films were available for review well before trial and Dr. DeLuca never requested copies to review when he examined the plaintiff, or, at any time thereafter. Read the rest »


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