Need to Prove Causation, Too!

Proving Negligence Not Enough… The Appellate Division’s decision in Stevenson v. Bobila on 6-26-06 underscores the need, in a medical malpractice case, to not only prove that the defendant doctor committed malpractice, i.e., was negligent, but also that the doctor’s negligence caused the patient actual harm. Sometimes this requires a separate expert on the issue
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Injury to Hepatic Bile Duct

Where to Repair Makes a Difference The recent decision in Paz v. Grasso, decided 6-15-06, points out something many medical malpractice lawyers have known for some time: not all NJ hospitals are equipped to provide care at a level that can be provided in NYC or Philadelphia. In Paz, the patient underwent a lap-choly procedure
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Emergency Room Care

Phone Records Kept of Callbacks to Patients After Discharge At least at one NJ hospital, records of telephone calls from physicians to patients previously discharged from the ER are maintained. In the case of Nishimura v. Spector, decided on April 20, 2006, the patient presented to the ER at Hunterdon Medical Center with a fever
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Altered Medical Records

Gonzalez v. Agarwal Revisited One other noteworthy point about Gonzalez v. Agarwal (discussed below re: ER Care) is that the Court permitted that plaintiff’s attorney to question the accuracy of Dr. Agarwal’s office records, suggesting that they may have been re-copied with certain of the patient’s relevant complaints removed. While there was no direct evidence
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Emergency Room Care – Abnormal Test

Hospital Sends Police Officer to Patient’s Home After Abnormal Test So, I was reading the decision of the Court in Gonzalez v. Agarwal (decided on 1-23-06 but just recently coming across my desk). Essentially, a woman had been complaining of headaches for over two years. Eventually, she ends up at the ER at St. Joseph’s
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