New Jersey Medical Malpractice Law
Author | : Abbott S. Brown |
Publisher | : |
Total Pages | : 999 |
Release | : 2012 |
Genre | : Medical personnel |
ISBN | : |
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Author | : Abbott S. Brown |
Publisher | : |
Total Pages | : 999 |
Release | : 2012 |
Genre | : Medical personnel |
ISBN | : |
Author | : Jonathan H. Lomurro |
Publisher | : New Jersey Law Journal |
Total Pages | : 1300 |
Release | : 2019-06-28 |
Genre | : |
ISBN | : 9781628816167 |
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. ,
Author | : Jonathan H. Lomurro |
Publisher | : New Jersey Law Journal |
Total Pages | : 0 |
Release | : 2015-09-30 |
Genre | : Medical personnel |
ISBN | : 9781576259863 |
Author | : Jonathan H. Lomurro |
Publisher | : New Jersey Law Journal |
Total Pages | : 0 |
Release | : 2017-06-28 |
Genre | : Medical laws and legislation |
ISBN | : 9781628813289 |
New Jersey Medical Malpractice Law addresses 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.
Author | : Jonathan H. Lomurro |
Publisher | : New Jersey Law Journal |
Total Pages | : 0 |
Release | : 2018-06-28 |
Genre | : |
ISBN | : 9781628814859 |
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.
Author | : Jonathan H. Lomurro |
Publisher | : New Jersey Law Journal |
Total Pages | : 0 |
Release | : 2016-06-30 |
Genre | : |
ISBN | : 9781628811384 |
New Jersey Medical Malpractice Law provides a comprehensive, reader-friendly guide for all medical malpractice practitioners. Discretely focused subheadings allow users to 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.
Author | : Angela Roddey Holder |
Publisher | : John Wiley & Sons |
Total Pages | : 586 |
Release | : 1978 |
Genre | : Law |
ISBN | : |
Author | : Kenneth G. Andres (Jr.) |
Publisher | : |
Total Pages | : 96 |
Release | : 2010 |
Genre | : Malpractice |
ISBN | : 9781935411147 |
Author | : Jeffrey A. Krompier |
Publisher | : Productivity Press |
Total Pages | : 192 |
Release | : 2021 |
Genre | : Actions and defenses |
ISBN | : 9780367677381 |
There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation's chronic malpractice crisis, suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree. National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however. Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant's perspective as a no-cause trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.
Author | : Abbott Brown |
Publisher | : Bookbaby |
Total Pages | : 446 |
Release | : 2021-03-22 |
Genre | : Law |
ISBN | : 9781098354404 |
New Jersey Legal Malpractice Law and Litigation Ethics is intended to provide a comprehensive and easy to use reference for lawyers handling malpractice cases and ethics cases and to provide guidance to litigators who are often faced with complex issues unique to the trial bar. This book is structured to discuss the issues that often complicate the practice of our profession, from the initiation of the attorney-client relationship, the duties to the Court, client, counsel and also to persons who are not clients, to the elements of the cause of action for legal malpractice, proximate causation, damages, evidence and related issues. Each chapter contains detailed subheadings to allow users to quickly find the discussion of the relevant issues. The chapters in New Jersey Legal Malpractice Law and Litigation Ethics include: Chapter 1: The Duties and Responsibilities of a Lawyer to a Client or Former Client. Chapter 2: The Duties and Responsibilities of a Lawyer to a Non-Client Chapter 3: The Elements of Legal Malpractice Chapter 4: Proximate Causation in Legal Malpractice Cases Chapter 5: Damages in Legal Malpractice Cases Chapter 6: Expert Testimony and Evidence Issues in Legal Malpractice Cases Chapter 7: Pleadings and Defenses in Legal Malpractice Cases