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 and afterwards began vomiting bile. Follow-up testing revealed a blockage/interruption of the hepatic bile duct, which had been accidentally damaged during the lap-choly. It appeared to the patient’s doctor that the lower half of the duct was obstructed and he attempted a repair. After 6 hours of surgery, it was determined that the damage to the hepatic duct was higher than expected and Ms. Paz had to be transferred to Columbia Presbyterian Hospital in NY, where they could perform such surgery. (As it turned out, Dr. Grasso did not have the expertise to perform surgery on the upper-half of the hepatic bile duct, nor did Palisades General Hospital [where the patient was admitted] have the resources necessary to perform such a surgery.) Fortunately for Ms. Paz, the third surgery performed at Columbia-Presbyterian was successful, but unfortunately…her claim that Dr. Grasso committed malpractice…as the jury later determined…was not.
- De Laroche v. Advanced Laparoscopic Association et al. (A-5403-1474) Decided 2/28/2017
- 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