De LaRoche v. Advanced Laparoscopic Association et al. (A-5403-1474) Decided 2/28/2017

Plaintiff appealed two orders of the Trial Court. One which granted the defendant surgeon’s motion to dismiss plaintiff’s Complaint for failure to comply with the Affidavit of Merit Statue. The second Order denied plaintiff’s cross motion for a waiver of the specialty requirement on N.J.S.A 2A:53A-41(a). The Appellate Court affirmed the Trial Court’s denial of
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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

In this case, decedent’s wife filed suit approximately fifteen (15) months after his death alleging that the decedent’s primary care doctor failed to diagnose prostate cancer in 2007, and as a result, he was not diagnosed until October 2009. By that point, the cancer had metastasized to his brain and spine. On September 27, 2011
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Vascular Surgeon Not Qualified to Testify Against Family Practitioner Who Performed a Vascular Procedure – Afonso v. Bejjani – A-1623-15T4

In this matter, decided on November 29, 2016, the Appellate Division ruled on yet another malpractice case involving the application of the New Jersey Medical Care Access and Responsibility and Patients First Act (“Patients First Act”), set forth in N.J.S.A. 2A:53A-41, and, held that the plaintiff’s proposed expert testimony was correctly excluded because said expert
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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

This is a medical malpractice case where the plaintiff alleged that employees of CompleteCare Health Network and Vineland Women’s Health Center, a federally qualified health center, deviated from the standard of care when they failed to timely offer plaintiff proper prenatal screening for Down Syndrome, thereby depriving plaintiff of necessary information to make a fully
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