Posts Tagged ‘new jersey medical malpractice’
The statutory interplay between the Board of Medical Examiners statutes and the criminal code
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…
Read MoreGibbs vs. Camillo: Measuring the Value of Pain and Suffering, Disability, Impairment, Loss of Enjoyment of Life
LINDA GIBBS, ET AL. VS. VIJAY CAMILLO, ET AL. (L-6496-09, MIDDLESEX COUNTY AND STATEWIDE) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Evidence Issue: Should the jury be allowed to see the medical records from the doctor’s who testified at the time of trial? In this case, which a jury returned a personal injury…
Read MoreProximate Cause in Dental Malpractice
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…
Read MoreExpert Witness Selection In Truck Accidents
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…
Read More