Appellate Court Affirms That Plaintiff May Read in Testimony of Unavailable Treating Physicians – Sheets v. Siegler (Decided March 27, 2015) (A-1836-11T4)

In this dental malpractice case, the plaintiff experienced excruciating pain following a wisdom tooth extraction performed by the defendant dentist. She later developed numbness in her tongue and shooting pain from the back of her jaw, causing her difficulty speaking and swallowing. The patient, thereafter, underwent surgery to repair an apparent injury to her right
Read More

Medical Malpractice Dismissal Upheld by Appellate Division for Failure to Comply with Affidavit of Merit Statute – Lang v. Morristown Hospital A-0876-13T1 (Decided February 3, 2016)

This case involved a 17-year-old boy with a history of HADD and autism who, in September 2011, was admitted to Chilton Memorial Hospital with renal failure and septic shock. He underwent emergency colon surgery but, unfortunately, died a week later from a pulmonary embolism. His family sued a number of practitioners, including the boy’s psychiatrist
Read More

Supreme Court Holds Hospital Facility Only Entitled to Limited Charitable Immunity, But Not Absolute Immunity for Fall Down Injury on Premises – Kuchera v. Jersey Shore Family Health Center, 221 N.J. 239 (March 31, 2015)

This is a premises liability case wherein Plaintiff slipped and fell on a wet spot on a floor in an outpatient health care facility, Jersey Shore Family Health Center (Family Health Center), which was owned and operated by a nonprofit hospital. Summary judgment was granted in favor of the hospital pursuant to N.J.S.A. 2A:53A-7, which
Read More

No Cause Verdict Reversed Where Trial Court Improperly Excluded Defendant Surgeon’s Statements Against Self Interest – Parker v. Poole (A-1874-12) (Decided March 2, 2015)

The Plaintiff, after a biopsy of a tumor, was diagnosed with invasive adenocarcinoma of the colon, and was referred to the defendant surgeon to undergo an operation to remove the tumor. A transverse colon resection and open anastomosis was performed. Three days later, the plaintiff developed a dehiscence. The next day, the defendant performed a
Read More

Case Against Orthodontist Dismissed with Prejudice Claim for Failure to Timely Serve an Appropriate Affidavit of Merit; Trial Court Decision Upheld – Meehan v. Antonellis, (A-0140-13T4) Decided August 21, 2014 (Appellate Div.)

Plaintiff’s complaint alleged that Dr. Antonellis fitted plaintiff with a “positioner” for use while sleeping, to reduce the symptoms of sleep apnea. Dr. Antonellis assured plaintiff that the “positioner” would not cause his teeth to shift. However, his teeth did shift, causing him to incur more dental work, including a crown, and symptoms such as
Read More