Expert Testimony Accepted from General Dentist, Not a Specialist

MEDICAL MALPRACTICE – submitted by New Jersey Malpractice Attorney, Jeffrey Hark 29-2-5415 Colon v. Robinson, App. Div The subject matter of this appeal to two fold.  Factually the plaintiff has claimed, and was successful at trial with regard to a dental malpractice lawsuit stemming from the alleged extraction of the […] Read more »

Proximate 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 […] Read more »

The Rights of a Health Care Provider

A licensed health care provider has a fundamental vested right to her license; therefore, efforts to deprive her of that license require the licensing authority to prove its case by clear and convincing evidence. (Ettinger v. Board of Medical Quality Assurance (1982) 135 Cal. App. 3d 853, 856.) The Ettinger […] Read more »