John Ratkowitz – Starr, Gern, Davison & Rubin, P.C.

MMPI, MMPI-2, & MMPI-A in Court: A Practical Guide for Expert Witnesses and Attorneys (hereafter "MMPI: A Practical Guide") is a book that should be in the library of any trial attorney who deals with cases involving psychiatric…more

This article discusses the anatomy of a medical malpractice case in New Jersey from investigation through jury verdict. The New Jersey Court Rules are modeled on the Federal Rules of Civil Procedure. Both of these jurisdictions…more

On Thursday, March 22, 2012, the House of Representatives passed H.R. 5, the Protecting Access to Healthcare (PATH) Act, a bill originally introduced by Representative Phil Gingrey (R-GA), which if passed into law will cap all…more

This article discusses the need for medical practitioners to consult state law rather than rely exclusively on ACOG Practice Bulletins when attempting to determine their obligation of informed consent when it comes to the…more

Unfortunately, falsification of records is possibility in any medical malpractice case. I have seen a variety of attempts at this through the years. The most egregious example involved a plastic surgeon who literally created an…more

If a patient suffers a significant permanent injury as a result of a preventable medical mistake, then after the health care event is over, consultation with a medical malpractice attorney should be considered. If questions…more

This article examines the problem of "defensive medicine." Those who advocate tort reform often point to the problem of defensive medicine as a justification to limit the right of redress of victims of medical malpractice. The…more

In November 1999, the Institute of Medicine (IOM), a branch of the National Academy of Sciences, published a study that declared that a threshold improvement in the quality of health care was urgently needed because medical…more

Every trial involves two things that play out simultaneously before the jury. First, a trial involves a "search for truth." Second, a trial involves a "morality play." Medical malpractice trials involve issues of medicine and…more

This article (a) examines physicians' ethical obligation to report medical errors to their patients, (b) discusses the literature which analyzes why they fail to do that, (c) explains how New Jersey made an ethical requirement…more

Plaintiff medical malpractice litigation is expensive and time consuming, and can be very risky when not properly prepared. So much is at stake in these cases for both your clients and your practice that it is foolhardy to wait…more

In malpractice cases, when medical errors occur in an institutional setting, a review is often conducted to determine how a patient was injured and what caused the mistake to happen. Hospitals will often refuse to disclose the…more