Filling of Wrong Prescription by Pharmacist Does Not Require Affidavit of Merit Against Pharmacist/Pharmacy

“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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Affidavit of Merit Not Required in Suit Against Midwife

Serving an Affidavit of Merit in most medical malpractice suits is a prerequisite for the case to go forward. For example, in a suit against an obstetrician, a plaintiff must normally serve an Affidavit of Merit of a qualified obstetrician within 60 days of the filing of an Answer by the defendant or risk having
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Evidence Improperly Provided to the Jury Requires New Trial

Highlighted Medical Report was Inadvertently Given to the Jury In Tepper v Urdinaran, the NJ Appellate Division on 3/5/08 ruled that in a medical malpractice case alleging a delay in diagnosing a woman’s colon cancer, the inadvertent submission to the jury of a highlighted medical report not properly moved into evidence was sufficient to require
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911 Operator May Be Liable for Negligent Conduct

Tort Claim Immunity Does Not Apply If Dispatcher Negligently Executed Ministerial Duties In a recent, non-medical malpractice decision, the Appellate Division ruled that a 911 operator is not immune for his/her negligent conduct in carrying out “ministerial” duties. While not a medical malpractice case, the Court’s decision in Massachi v. AHL Services, 2007 N.J. Super.
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Advances in Cervical Cancer Screening

Recent Data Supports the Use of HPV Testing Cervical intraepithelial neoplasia is the abnormal growth of precancerous cells in the cervix. Most such cases remain stable or are eliminated by the host’s immune system without intervention. However a small percentage of cases progress to become cervical cancer – which is the second most common cancer
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