Even When Nurse Leaves Hospital’s Employment
Sometimes, in a malpractice case against a physician, the plaintiff’s best witness may be a nurse who was also involved in the patient’s care. When the nurses notes don’t jive with the doctors, calling the nurse as a witness to counter the doctor’s description of events is a useful strategy. In the case of Cohen v. Community Medical Center and others, decided on 6-30-06, the NJ Appellate Division directed that when a plaintiff provides adequate notice prior to trial of his/her intention to call a nurse employed by the hospital as a witness, and the nurse no longer works at the hospital, the hospital nonetheless must provide the last known address of the nurse and any other information the hospital may possess relative to the nurses whereabouts. In other words, the hospital cannot simply claim “she no longer works here” if the nurse’s testimony will be unfavorable to the defense.
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- Clarification on the Statute of Limitations for “Survival” Claims – Warren v. Muenzen, 448 N.J. Super. 52, (Super. Ct. App. Div. 2016) December 7, 2016)
- Settling Defendant Charge Need Not Always Be Given – Hernandez v. Chekenian, No. L-11038 14, 2016 WL 6024008, (N.J. Super. Ct. Law Div. July 15, 2016)
- Vascular Surgeon Not Qualified to Testify Against Family Practitioner Who Performed a Vascular Procedure – Afonso v. Bejjani – A-1623-15T4
- Federally Qualified Health Center Entitled to New Jersey’s Cap on Charitable Immunity for Hospitals – S.M. v. United States of America – CA No. 13-5702, USDC – DNJ