Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Verdicts

By ljnstaff
November 02, 2017

A Good-Faith Effort Is All That's Required

In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert. Judges Richard Hoffman and Susan Reisner pointed to 2010's state Supreme Court ruling in Ryan v. Renny, 203 N.J. 37 (2010), which interpreted 2004's New Jersey Medical Care Access and Responsibility and Patients First Act (PFA) to require only that plaintiffs make a good-faith effort to find a qualified expert to back their claims; even if ultimately unsuccessful, the PFA provided a “safety valve” to those who tried to find a medical expert practicing in the same specialty as the defendant, so that their medical malpractice suits need not necessarily be dismissed.

Kim Glucker underwent a colonoscopy in 2011, performed by Dr. Robert Barbalinardo of Montclair Surgical Associates. She suffered a ruptured spleen during the procedure and had to have it removed. Glucker and her husband sued the doctor and his practice, and obtained affidavits of merit from a general surgeon and from a gastroenterologist, but one of these experts later withdrew from the case because of personal health issues, while the other was disqualified by a judge. Glucker was able to show that her attorney then contacted over 100 more medical professionals in an effort to secure a new expert opinion, but to no avail.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.