Category Archives: Medical Malpractice

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The Precision Medicine Initiative

Posted in Medical Malpractice

Recently, New York Times journalist Robert Pear published an article on the Precision Medicine Initiative (PMI). According to Mr. Pear’s article, in November or December of 2016 you may be selected to join the Precision Medicine cohort, a long-term population-based health research study that will provide valuable research on disease and illness in the United… Continue Reading

Preventing Harm to Patients should be Priority #1 for Healthcare Providers

Posted in Medical Malpractice

A recent BMJ (British Medical Journal) study listed medical errors as the third leading cause of death in the United States. The BMJ recommends that healthcare providers make prevention of patient harm the top healthcare priority and institute policy and procedure changes directed toward that objective. The study points out that the medical cause of… Continue Reading

Practice Doesn’t Always Make Perfect

Posted in Medical Malpractice

An article in the New York Times, authored by Nicholas Bakalar, recently disclosed that one percent of all doctors account for 32 percent of all paid medical malpractice claims. Furthermore, the more often a doctor is sued, the more likely that physician is to be sued again.

Medical Errors are the Third Leading Cause of Death in the U.S.

Posted in Medical Malpractice

A Professor of Surgery at Johns Hopkins University School of Medicine, Martin Makary, M.D., M.P.H., has published his research into various categories of treatment of patients in hospitals. These categories ranged from more simplistic “bad doctors” to “more systemic issues such as communication breakdowns when patients are handed off from one department to another.” Dr…. Continue Reading

No Insurance, No Claim Against the Physician Individually – So Says the New Jersey Supreme Court in Jarrell v. Kaul, M.D.

Posted in Medical Malpractice

New Jersey Statute 45:9-19.17 requires physicians to maintain insurance and specifically states: A physician who maintains a professional medical practice in this State and has responsibility for patient care is required to be covered by medical malpractice liability insurance issued by a carrier authorized to write medical malpractice liability insurance policies in this State, in… Continue Reading

The Danger in Discharge from a Hospital

Posted in Medical Malpractice

In a recent New York Times article, Dhruv Khullar, M.D., a medical resident in a large Boston teaching hospital, wrote about what often happens when a patient, especially an elderly patient, is discharged from the hospital. All too frequently, there is a high chance of readmission for many of these patients. Dr. Khullar notes that… Continue Reading

An Emergency Medicine Expert Can Be Qualified to Offer Opinions as to Deviations by Emergency Room Nurses

Posted in Legal Updates, Medical Malpractice

By way of a decision by the Superior Court of New Jersey, Appellate Division in October 2015, a case was remanded for a new trial following the Trial Court’s granting of Motions under N.J.R.E. 702 and determining that the Emergency Medicine expert was “not qualified to render opinions as to the standards of care applicable… Continue Reading

Understanding Hospitalist Malpractice Claims

Posted in Medical Malpractice

For those unaware, a “hospitalist” is a physician who works exclusively in a hospital setting and specializes in Hospital Medicine. Most commonly, hospitalists undergo residency training in Internal Medicine or Family Medicine and, therefore, have education and training similar to doctors practicing as primary care physicians or family doctors. However, some hospitalists have training in… Continue Reading

The Ongoing Saga of Preliminary Objections to Complaints on the Basis of Unidentified Agents, Servants, Employees, Physicians, etc.

Posted in Medical Malpractice, Personal Injury

For those of us who practice in the world of medical negligence, it is almost routine to receive Preliminary Objections from the defense moving to strike all allegations that contain references to unidentified agents, servants, employees, attending physicians, nursing staff, and other support staff. Despite what seems to be clarity in the law, the preliminary… Continue Reading