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New Jersey Medical Malpractice Law

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Comprehensive, yet clear and concise look at New Jersey law regarding medical malpractice liability.

New Jersey Medical Malpractice Law provides a comprehensive, reader-friendly guide for all medical malpractice practitioners. Discretely focused subheadings allow users to precisely pinpoint relevant discussions, and footnotes highlight helpful resources and explanations. The chapters address issues as they commonly arise through the litigation process—from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues.

Chapters are organized to address the issues as they commonly arise for the practicing attorney through the litigation process, from evaluation of potential claims and consideration of the elements of a malpractice cause of action, through pretrial investigation and case preparation, and finally, to the trial. Footnotes provide helpful explanatory information and resources, and add to the ease of finding answers quickly.  Descriptive and discretely focused subheadings allow the reader to pinpoint precisely the discussion most relevant to his or her concerns. Practice pointers appear at the end of each chapter to aid in navigating complex medical malpractice cases.

Chapters 1 and 2 discuss the first essential component of medical malpractice causes of action, the breach of a health care provider’s duty of care or failure to obtain informed consent. Chapter 3 addresses related but distinct causes of action such as assault and battery, fraud, breach of contract, medical records alteration or destruction and sexual misconduct. Chapters 4 and 5 discuss the second and third essential components of malpractice cases, causation and damages. Chapter 4 has been revised to keep pace with the evolving complex case law governing proof of proximate causation in cases involving pre-existing injuries, delayed cancer diagnoses and avoidable consequences. Chapter 5 discusses damages claims in general, and those particular to malpractice and wrongful death causes of action.

Chapters 6 through 9 deal with issues related to pretrial proceedings and trial of malpractice cases, including pre-suit investigation of such claims. Chapter 7 has been revised to discuss the rapidly changing case law regarding the affidavit of merit, pretrial discovery, and presents an extremely thorough discussion of expert testimony, particularly as it evolves through the implementation of the New Jersey Medical Care Access and Responsibility and Patients First Act. These chapters also examine the pleadings, defenses including the statute of limitations, voir dire and jury charges specific to malpractice cases. Finally, Chapter 10 provides a thorough discussion of the federal and New Jersey statutes and regulations regarding electronic medical records.

Additional Information
Division Name New Jersey Law Journal
Volumes 1
Product Types Books
Brand New Jersey Law Journal
Publication Date June 28, 2023
Jurisdiction New Jersey
ISBN 978-1-58852-724-0
Page Count 1364
Edition 2024
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Abbott S. Brown

Abbott S. Brown is a certified civil trial attorney whose practice focuses on medical and legal malpractice litigation. A partner with Lomurro, Munson, Comer, Brown & Schottland, LLC, in Freehold, New Jersey, Mr. Brown received his J.D. in 1978 from Rutgers University School of Law, Newark. He is admitted to practice in New Jersey and before the U.S. District Court for the Districts of New Jersey and the Eastern and Southern Districts of New York, and the Second and Third Circuit Courts of Appeal.

Gary L. Riveles

Gary L. Riveles is a certified civil trial attorney whose practice focuses on the defense of medical malpractice, products and premises liability, and healthcare-related employment issues. A founding partner at MacNeill, O’Neill & Riveles, LLC, Mr. Riveles received his J.D. in 1994 from Seton Hall University School of Law, Newark. He is admitted to practice in New Jersey, Pennsylvania, and before the U.S. District Court for the District of New Jersey and the Third Circuit Court of Appeals.

Jonathan H. Lomurro

Jonathan H. Lomurro is a partner with Lomurro, Munson, Comer, Brown & Schottland, LLC, where he handles matters relating to medical malpractice and personal injury. Mr. Lomurro holds a board certification in Civil Trial Law from the New Jersey Board on Attorney Certification and in Medical Malpractice Law from the American Board of Professional Liability Attorneys. He obtained a Master of Law, LLM, in Trial Advocacy. He is the current Chair of the Medical Malpractice Section and the Civil Trial Bar Section of the New Jersey State Bar Association.

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