Medical Malpractice Blog

Case Concerned Oral and Maxillofacial and Surgical Residents In the November 15, 2006 decision of Clark v. University Hospital-UMDNJ, a New Jersey Appellate Court held that two resident physicians, one training to be a oral and maxillofacial surgeon and the other a general surgeon, could be held to the standard of care of an “average
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Can Still Be Responsible If He/She Fails to Meet the Standard of Care In Marshall v. Klebanov, the Supreme Court of NJ decided on 7-26-06 that a psychiatrist is not necessarily statutorily immune for a patient’s suicide. NJSA 2A:62A-16a provides that “[a]ny person who is licensed…to practice…psychiatry…is immune from any civil liability for a patient’
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Study Shows Minority of Hospitals Surveyed Have A System That Ensures Compliance with Current Guidelines The American College of Cardiology and American Heart Association have established guidelines for the treatment of an acute heart attack. They require, in part, percutaneous coronary intervention to increase perfusion within 90 minutes or less from when a patient presents
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Rules on Right to Recovery Different for Private v. Public Hospitals The recently decided case of Pravata v. UMDNJ (11/9/06) confirms that claims for emotional stress due to fear of HIV or Hepatitis C virus because a plaintiff was stuck by a needle will not be viable against a public entity such as the University
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Based Upon Study of 31,567 Patients In the October 26, 2006 issue of the New England Journal of Medicine, 31,567 asymptomatic persons at risk for lung cancer (such as smokers or past-smokers) were screened annually for the disease using low-dose CT imaging. The results?: 484 participants were diagnosed with lung cancer, and, of those, 412
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