News & Analysis as of

Medical Malpractice NJ Supreme Court

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Ruling Clarifies Standards for Punitive Damages in Medical Malpractice Actions

On August 25, 2022, the Supreme Court of New Jersey issued its decision in Rivera v. The Valley Hospital, Inc., reversing the trial judge’s interlocutory order denying the defendants’ motions to dismiss a claim for punitive...more

Bressler, Amery & Ross, P.C.

New Jersey Supreme Court to Address Affidavit of Merit Requirement for Vicarious Liability Claims

The New Jersey Supreme Court has affirmed the Appellate Division’s decision that plaintiffs are not required to serve an Affidavit of Merit against defendant health care facilities for claims of vicarious liability arising...more

White and Williams LLP

Understanding the Affidavit of Merit Statute and the Rare Application of the Common Knowledge Exception

On May 4, 2020, in Linda Cowley v. Virtua Health System, the Supreme Court of New Jersey reversed the judgement of the Appellate Division and held that when a patient removes a nasogastric tube herself and refuses its...more

Faegre Drinker Biddle & Reath LLP

Health Facilities May Be Insuring Doctors Without Knowing It

A September 29 ruling by the New Jersey Supreme Court effectively makes a health facility liable for the professional negligence of a medical staff member who doesn’t have malpractice insurance or who has insurance that...more

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