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)

By Michael Zerres

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
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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)

By Michael Zerres

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
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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)

By Michael Zerres

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
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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.)

By Michael Zerres

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
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Infant Plaintiff Escapes with Prejudice Dismissal of Malpractice Claim for Failing to Timely Serve an Affidavit of Merit – Cooper v. Russo, ESX-L-1507-14, Decided Sept. 19, 2014 (Law Div.)

By Michael Zerres

In this medical malpractice action, the infant plaintiff’s parents filed a lawsuit on behalf of themselves and their minor son. As the plaintiffs’ counsel could not secure a timely Affidavit of Merit, he sought a voluntary dismissal of the child’s claim without prejudice and dismissal of the parents claim with prejudice. After a “Ferreira” conference,
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