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

105 Eisenhower Parkway
Roseland, New Jersey 07068, United States
Phone: 973 830-8441
Fax: 973 226-0031
Areas of Practice
  • Personal Injury
  • Professional Malpractice

What is my Medical Malpractice Case Worth?

This article discusses damages and how attorneys go about valuing medical malpractice cases…more

BOOK REPORT: MMPI, MMPI-2, & MMPI-A in Court: A Practical Guide for Expert Witnesses and Attorneys, by Kenneth S. Pope, James N. Butcher, Joyce Seelen

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
 /  Personal Injury, Professional Malpractice

What patients can and should expect when pursuing a medical malpractice case.

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
 /  Civil Procedure, Civil Remedies, Health, Professional Malpractice

H.R. 5 - the Protecting Access to Healthcare (PATH) Act - the Health Care Industry's Latest Attempt to Avoid the Financial Consequences of Epidemic Levels of Malpractice

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
 /  Civil Procedure, Civil Remedies, Health, Professional Malpractice

Shoulder Dystocia and the Duty of Informed Consent

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
 /  Civil Remedies, Consumer Protection, Health, Personal Injury

Seven Reasons Why Falsification of Records Does Not Pose a Major Problem in Medical Malpractice Litigations

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
 /  Personal Injury, Professional Malpractice

Getting Answers to Questions When Unexpected Medical Outcomes Occur.

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
 /  Professional Malpractice

The Role of Informed Consent in Defensive Medicine

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
 /  Civil Remedies, Health, Personal Injury, Professional Malpractice

To Err is Human, but This is Something Else.

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
 /  Civil Remedies, Health, Professional Malpractice

Medical Malpractice Trials: Winning The Morality Play in the Battle of the Experts

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
 /  Civil Procedure, Civil Remedies, Personal Injury, Professional Malpractice

The Consequences of Truth Compulsory Medical Error Reporting in New Jersey

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
 /  Civil Remedies, Consumer Protection, Personal Injury, Professional Malpractice

Dealing With Paper Discovery in Medical Malpractice Cases

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
 /  Health, Law Practice Products & Services, Professional Malpractice

Medical Malpractice Discovery - A Critical Analysis of the Self-Critical Analysis privilege

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
 /  Civil Procedure, Health, Professional Malpractice
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