Anderson v. Sonberg Requires Plaintiffs to Only Prove That an Event Was “Probably” Caused by Defendants’ Negligence

By Michael Zerres

Anderson v. Somberg does not require that a plaintiff prove with absolute certainty that defendants were negligent; only that that the event was “probably” caused by the negligence of the defendants. The New Jersey Appellate Division was recently called on again to analyze a medical malpractice case in the context of a possible Anderson v.
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A Defendant in a Medical Malpractice Case Cannot Use a Member of a Plaintiff’s Treatment Group as an Expert Witness Against Him

By Michael Zerres

Can a defense lawyer contact someone affiliated with your treating doctor’s medical group and use them as an expert witness against you? No, they cannot, according to a recent Appellate Division decision in Carchidi v. Iavicoli, 2010 N.J. Super. LEXIS 46, decided March 24, 2010. In Carchidi, the infant plaintiff was born three months premature
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Affidavit of Merit of Specialist Not Always Needed in Case Against a Specialist

By Michael Zerres

Generally speaking, when a plaintiff in New Jersey sues a board-certified medical specialist, an Affidavit of Merit is required to be served by the plaintiff’s attorney from a board-certified physician who is in the same specialty as the defendant(s) being sued. New Jersey’s Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, et .seq. requires that, but only
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Affidavit of Merit Not Required in Lawsuit Against an Optometrist

By Michael Zerres

In most medical malpractice cases filed in New Jersey, an Affidavit of Merit is required from a healthcare professional specialist in the same field of practice as the defendant that is being sued. For example, in a suit against an obstetrician, one would need an Affidavit of Merit from a practicing obstetrician. In a suit
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New Jersey Passes Patient Safety Act

By Michael Zerres

Hospital Errors to be Reported; Hospitals Prohibited from Charging for Certain Errors New Jersey Patient Safety New Jersey recently passed a bill aimed at improving healthcare and patient’s rights. Entitled “An Act Concerning Patient Safety,” the measure requires the Department of Health and Human Services to be notified of certain patient safety “indicators” (or possible
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