NEW 5th Edition!
A comprehensive, yet clear and concise look at New Jersey law regardingmedical malpractice liability, which includes an online edition, searchabletext and index, one-click access to related material (cases, statutes, andother authoritative content), tools for organizing research (create folders,save searches, annotate, highlight and bookmark information).
Discusses the nature and elements of medical malpractice causes ofaction, including breach of a health care provider's duty of care and failureto obtain informed consent.
Demonstrates differences between the various causes of action that mayarise out of the provision of medical care, and other distinct causes of actionsuch as assault and battery, fraud, breach of contract, sexual misconduct andmedical records alteration or destruction.
Deals with the essential elements of causation and damages--explainingthe complex case law governing proof of proximate causation in situationsinvolving pre-existing injuries, delayed cancer diagnoses, avoidableconsequences and failure to warn.
Examines issues implicated inpre-trial preparations and trial proceedings, including investigation ofclaims, pre-trial discovery, the Affidavit of Merit, expert testimony, learnedtreatises, pleadings, statutes of limitations and other defenses, voir dire andjury charges.
Provides a discussion of how the New Jersey Medical Care Access andResponsibility and Patients First Act has impacted medical malpractice law in New Jersey, particularlyconcerning expert witnesses.