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
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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
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