The statutory interplay between the Board of Medical Examiners statutes and the criminal code

December 8, 2019 |

The Board of Medical Examiners regulation (as well as all the other licensee regulatory governing statutes)provides administrative guidelines for licensees, reflecting any violation of its provisions “shall be deemed to constitute gross or repeated malpractice pursuant to N.J.S.A. 45:1-21(c) or (d) or professional misconduct pursuant to N.J.S.A. 45:1-21(e) . . . .” N.J.A.C. 13:35-6.3(j)—— but…

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Allowing the jury to hear a Hearsay statement.– How…. “to show a statement’s effect on the listener”

May 10, 2019 |

Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019  (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We first turn to defendant’s contention that the trial court erred when it allowed plaintiff to testify that Dr.’s Vingan and Arginteanu had recommended that plaintiff undergo surgery. It is well established…

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Proximate Cause in Dental Malpractice

November 3, 2014 |

Submitted by New Jersey Malpractice Attorney, Jeffrey Hark 29-2-4812 Demarco v. Katz, App. Div. (Fuentes, J.A.D.) (16 pp.) In this case the appellate division reviews the trial court’s retain of a ‘hybrid’ jury charge addressing proximate cause.  The issue was whether a dentist’s negligence was the “substantial factor in bringing about the resulting injury.” The court found no discernible error with the…

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Expert Witness Selection In Truck Accidents

October 1, 2013 |

In these two medical malpractice cases the court has addressed the issue of plaintiff’s hiring of the appropriate expert to be presented to a jury on the specific issue of malpractice alleged committed by different doctors.  New Jersey law, specifically for medical malpractice cases required that the doctor proffered by a plaintiff or defendant, be appropriately qualified…

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