“Learned treatise” may be used to cross-examine an expert even if he or she does not recognize the publications as an “authority” It’s not uncommon during the trial of any medical malpractice case for a lawyer to try and cross-examine an opposing expert witness with a medical publication, or “learned treatise,” that contradicts or refutes
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In many cases – NO The recent Appellate Division decision in Yodzis v. Health Net (2/26/09) reminds us that it is only in the rare circumstance when an HMO doctor actually provides treatment or is the employer of a treating physician and a patient may sue an HMO that is governed by ERISA for medical
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Apparent Authority Doctrine Upheld in New Jersey On October 29, 2008, the NJ Appellate Division, in a case I am actually handling, made it clear that hospitals can be liable for the neglect of a so-called ‘independent contractor’ physician if it is not made clear to the patient that the physician is not a hospital
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In the last couple blog entries, I discussed the frequently litigated issue of timely filing an Affidavit of Merit in a professional malpractice case. As I stated below, in a malpractice case against someone like a physician, an Affidavit of Merit of a properly credentialed physician is required so that the case can move forward.
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“Common Knowledge” Rule Found to Apply On April 21, 2008, the NJ Appellate Division published a decision involving a Walgreen’s pharmacist who filled a patient’s prescription incorrectly: in Bender v. Walgreen Eastern Co. Inc., the pharmacist was asked to fill a prescription for “Primidone” but mistakenly gave the patient a prescription for “Prednisone” – a
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