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New Jersey Supreme Court Upholds Medical Malpractice Law

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New Jersey Supreme Court Upholds Medical Malpractice Law

In an important decision in May, the New Jersey Supreme Court decided to uphold a 2004 law that required doctors offering expert testimony in a medical malpractice lawsuit to practice in the same field as the doctor being sued. The goal of the law is to ensure that doctors are given fair treatment by the court and not subjected to frivolous lawsuits. According to the New Jersey Supreme Court in its Nicholas v. Mynster decision, that law is fair and constitutional.

Treatment Knowledge of Condition Is Not Enough

The central issue in the case of Nicholas v. Mynster is whether a doctor’s knowledge of the condition is sufficient to act as an expert witness in a medical malpractice lawsuit. The case involves brain damage suffered by the plaintiff after operating a gas-powered saw in a basement that he had been hired to remodel. The plaintiff became ill with carbon monoxide poisoning, and the responding physicians, certified in emergency medicine, treated him with oxygen. The treatment was not sufficient to prevent the plaintiff from suffering brain damage, however.

The plaintiff sued, alleging that the treating physicians should have referred him to a facility with a hyperbaric chamber for treatment. They filed an affidavit of merit—a medical malpractice requirement under New Jersey law—signed by a physician in internal and preventative medicine, including the use of hyperbaric chambers and another doctor who served on the staff of an emergency department.

However, during trial, only one doctor testified—the one who was not involved with emergency medicine. As a result, the New Jersey Supreme Court granted summary judgment to the defendant.

We Can Help You Avoid These Mistakes

Mistakes like the one in this case can ruin any chance you have of victory. To avoid them, you need the assistance of an experienced medical malpractice attorney. At Andres & Berger, our award-winning medical malpractice attorneys give you the best chance at winning your case. We have access to medical experts from numerous medical specialties and can help you find an appropriate expert to sign your affidavit of merit and to testify for you in court.

For help with your medical malpractice lawsuit, please contact Andres & Berger in Haddonfield, New Jersey today.

Kathryn N.

Thank you from the bottom of my heart. Mr. Andres is reliable, honest, driven, knowledgeable, compassionate and highly respected among colleagues and medical professionals. He stands by his word and can be trusted. He and Gail have fought for me during times when I wasn’t strong enough to fight for myself. The Andres & Berger law firm understands Complex Regional Pain Syndrome (CRPS). Mr. Andres thank you for your support and guidance over the years. I consider you my fierce, tenacious attorney and dear friend.

Mike V.

Mike Berger of Andres & Berger handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.

Yadira R.

I just want to say thank you for what you have done for me and my family throughout the years. You made us feel like family, not just clients. You were always very detailed when it came to our cases and tried everything in your power to get us all the help we needed.

Gregory W.

Our family appreciated your unfailing attention to detail. There were last minute snags, we seldom worried that something would fall through the cracks, but you anticipated every contingency. Your firm demonstrated a veracity for the truth, a strong work ethic and overall impeccable character in dealing with our case.

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