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.)

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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Defendant Permitted to Have Plaintiff’s Treating Surgeon Testify as to Cause of Decedent’s Injuries – Caratozzolo v. Davis, et al. (A-4773-11T3)

This medical malpractice claim arises from neurologic injuries plaintiff sustained after defendants failed to timely diagnose and treat his aortic dissection. At trial the jury found defendants did not deviate from accepted standards of care, except for a third year resident and a cardiac sonographer. However, as to those defendants who were negligent, the jury
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Expert Testimony Not Always Needed to Support an Informed Consent Claim: Sharon Parker v. Joseph Ortiz, M.D. (A-5868-11T1)

This medical malpractice action arises from an iridotomy performed on the plaintiff’s left eye, which resulted in post-operative complications. The Trial Court granted defendant’s motion for partial summary judgment on plaintiff’s informed consent claim, asserting plaintiff’s failure to provide expert medical evidence that the medical community knew of the risk of her specific injury. After
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Affidavit of Merit from a Certified Expert: Sitsofe Awuku v. Shelley Jones-Dillon, M.D.

Sitsofe Awuku v. Shelley Jones-Dillon, M.D. Docket No.A-1366-13T1, decided July 31, 2014 Plaintiff brought this medical malpractice action after suffering complications from treatment of an acute stroke after presenting the ER at Newark Beth Israel Medical Center. Plaintiff’s claim against one of the named defendants, who was board certified in internal medicine, was dismissed because
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Komlodi Part 6: “Substantial Factor” vs. “But-For” Charge on Causation

Further Analysis of Scalfidi Charge in Komlodi v. Picciano, WL 2050758 (N.J. 2014) See Part 1, Part 2, Part 3, Part 4, Part 5 Here, the Court charged the jury on both the “substantial factor” and “but for” instructions on proximate cause. The “but-for” causation charge was given inadvertently by the Court and was done
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