Decision Upheld in Denying Hospital’s Motion to Dismiss in a Wrongful Death Case

In Joyner v. Ortiz, Superior Court of New Jersey, Appellate Division, Docket No. A-2264-12 (July 8, 2013), the appellate panel held, despite plaintiff’s failure to name a defendant hospital within the two year time statute of limitations, the case could proceed against the hospital named in the amended complaint, as the wrongful death complaint was timely […]

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A More Precise Expertise Needed for Plaintiff’s Medical Malpractice Matters

What does it take to provide expert testimony in med-mal cases? In Nicholas v. Mynster, 213 N.J. 463(2013), the plaintiff became ill after being exposed to carbon monoxide fumes from a gas-powered saw. As a result of the exposure and his subsequent medical treatment, the plaintiff suffered brain damage, among other injuries and sued the […]

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Juror Contamination to Plaintiff’s Benefit

Can a juror’s mind be so committed to one side that the juror corrupts the deliberations of the other jurors? This was the scenario presented in a per curiam decision of the Appellate Division favoring plaintiff in Vecchiola v. Bloom, Superior Court of New Jersey, Appellate Division, Docket No.: A-1331-11T4. In this case, plaintiff, Vecchiola […]

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