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Affidavits Medical Malpractice Physicians

Marshall Dennehey

Appellate Division Maintains Kind-for-Kind, Credential Equivalency Requirement Under Affidavit of Merit Statute

Marshall Dennehey on

Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more

Epstein Becker & Green

Receive Specialized Care, Provide Specialized Testimony: New Jersey Court Says Medical Malpractice Expert Witness Must Have...

Epstein Becker & Green on

To diminish the number of frivolous lawsuits that patients file against doctors and hospitals, 28 states require that a plaintiff submit an affidavit or certificate of merit when they file a medical malpractice case....more

White and Williams LLP

Understanding the Affidavit of Merit Statute and the Rare Application of the Common Knowledge Exception

On May 4, 2020, in Linda Cowley v. Virtua Health System, the Supreme Court of New Jersey reversed the judgement of the Appellate Division and held that when a patient removes a nasogastric tube herself and refuses its...more

Clark Hill PLC

Healthcare Liability Affidavits Not Required in Federal Court

Clark Hill PLC on

The Fifth Circuit recently denied en banc reconsideration of Passmore v. Baylor Health Care System, 823 F.3d 292 (5th Cir. 2016). In the Passmore opinion, the court held that Texas’ requirement regarding expert reports in...more

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