New Jersey Medical Malpractice Law

By Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
Publisher: ALM

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2021 Edition
ISBN: 9781588524270
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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.

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Table of Contents

?Chapter 1: Duties of Health Care Providers
Chapter 2: Doctrines of Informed Consent and Refusal
Chapter 3: Other Causes of Action
Chapter 4: Proximate Causation
Chapter 5: Damages in Medical Malpractice Cases
Chapter 6: Pre-suit Investigation of Medical Malpractice Claim
Chapter 7: Expert Testimony and Learned Treatises
Chapter 8: Pleadings, Defenses and Voir Dire in Medical Malpractice Cases
Chapter 9: Pretrial Discovery in Medical Malpractice Cases
Chapter 10: Electronic Medical Records