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 MoreAllowing the jury to hear a Hearsay statement.– How…. “to show a statement’s effect on the listener”
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…
Read MoreMedical License revoked after 3rd criminal sexual contact
In the matter of the suspension/revocation of the medical license of Leonard Joachim, MD Submitted by New Jersey Medical License Defense Lawyer, Jeffrey Hark. The issue in this case is the final revocation of the physician’s license after he was provided two prior probationary periods, significant restrictions on his medical license, significant prior fines and…
Read MoreExpert 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 wrong tooth by defendant Lealon…
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 MoreThe 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 court clearly explained why it…
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