Search Rutgers Law Library N.J. Court Opinions

16 DAVID GREENWALD v. SRI KANTHA, M.D. -- rank: 766

... of the same specialty or board-certification requirement, pursuant to N.J.S.A. 2A:53A-41(c). Dr. DiPaolo also moved to bar Dr. Yazdan's ... by plaintiffs to waive the requirements of board certification under N.J.S.A. 2A:53A-41(c). On January 5, 2010, the court dismissed with prejudice ... Medical Specialties or the American Osteopathic Association; or (c) both. [ N.J.S.A. 2A:53A-41(a).] The plain language of the statute requires an expert ... undisputed facts, Dr. Yazdan is not a specialist permitted by N.J.S.A. 2A:53A-41(a) to testify against either Dr. Kantha or Dr. DiPaolo ... the expert be in the "same specialty or subspecialty." See N.J.S.A. 2A:53A-41(a) - (b). We recognize that the court may waive the same-specialty requirement in certain situations. In that regard, N.J.S.A. 2A:53A-41(c) provides: A court may waive the same specialty ...

docket:	a2751-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-08
status:	unpublished
citation:
Document Size:	39327

17 LISA BOBAL v. ATLANTICARE ATLANTICARE EMERGENCY DEPARTMENT HAMMONTON -- rank: 764

... students' at any time in the past five years. See N.J.S.A. 2A:53A-41. Defense counsel objected to the affidavit, stating it failed to ... students' at any time in the past five years. See N.J.S.A. 2A:53A-41. Plaintiff did not dispute defendant's summary of Dr. Guzzardi ... school' at any time in the past five years. See N.J.S.A. 2A:53A-41. A-2100-19 8 Citing N.J.S.A. 2A:53A-41, defense counsel also argued that even if the plaintiff's ... drawn those conclusions, the court applied the 'heightened requirements' of N.J.S.A 2A:53A-41 and held that Dr. Guzzardi's affidavit failed to comply ... In reply, plaintiff asserts that to be board certified under N.J.S.A. 2A:53A- 41, Dr. Sabatini must have been certified by the American ...

docket:	a2100-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	38219

18 BYOUNG J. KIM v. PAUL AHN, D.O. -- rank: 753

... ground that the witness lacked the enhanced credentials required by N.J.S.A. 2A:53A-41. Plaintiff appeals from an order that barred his expert's ... report by an expert who meets the qualification requirements of N.J.S.A. 2A:53A-41. Plaintiff, Byoung J. Kim, brought this medical malpractice, wrongful death ... 2A:53A-37 to -42, became effective in July 2004. N.J.S.A. 2A:53A-41 established qualification requirements, in addition to those contained in N ... unless that person is board-certified in the same specialty. N.J.S.A . 2A:53A-41(a); see also , Ryan v. Renny , 203 N.J. 37 ... October to December 2004. In November 2006, two years after N.J.S.A. 2A:53A-41 became effective, plaintiff filed a complaint. In answers to interrogatories ... pretrial motion to bar Ackley's expert testimony pursuant to N.J.S.A. 2A:53A-41. In January 2009, two expert reports were produced on ...

docket:	a2285-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-02
status:	unpublished
citation:
Document Size:	45944

19 RONALD C. DE LAROCHE v. ADVANCED LAPAROSCOPIC ASSOCIATES -- rank: 751

... cross-motion for a waiver of the specialty requirement of N.J.S.A. 2A:53A-41(a). For the reasons that follow, we affirm the motion ... of medicine at issue in the case, as required by N.J.S.A. 2A:53A-41(c). However, in light of the motion court's finding ... June 18, 2015, plaintiff filed a motion for waiver under N.J.S.A. 2A:53A-41(c). Plaintiff's counsel certified he made a good-faith ... court should find Dr. Caprio qualified under the waiver provision, N.J.S.A. 2A:53A-41(c). The trial court rejected plaintiff's argument and dismissed ... Dr. Caprio was sufficiently qualified to satisfy the requirements of N.J.S.A. 2A:53A-41(c). With regard to the second prong — whether Dr ... Medical Specialties or the American Osteopathic Association; or (c) both. [ N.J.S.A. 2A:53A-41(a).] "The basic principle behind N.J.S.A. ...

docket:	a5403-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-28
status:	unpublished
citation:
Document Size:	42958

20 CLIFFORD HARBESON v. UNDERWOOD-MEMORIAL HOSPITAL -- rank: 748

... her earlier order was based on a misinter­pretation of N.J.S.A. 2A:53A-41, which governs the qualifica­tions required for affiants on an ... moved to dismiss the complaint for failure to comply with N.J.S.A. 2A:53A-41. They argued this statute required plain­tiffs to obtain an ... the motion, find­ing that the affidavit was defective under N.J.S.A. 2A:53A-41. She entered an order the same day dismissing plaintiffs' claims ... motion for reconsideration regarding the dismissal. They again contended that N.J.S.A. 2A:53A-41 was inapplicable to Wright as a nurse anesthetist, and that ... or nurse anesthetist, she concluded that he was disqualified by N.J.S.A. 2A:53A-41. She also denied Kline's and Maley's motion to ... this court, which we granted. On appeal, plaintiffs contend that N.J.S.A. 2A:53A-41 is not applicable to a nurse anesthetist, that it ...

docket:	a2151-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-24
status:	unpublished
citation:
Document Size:	63309

21 KIM GLUCKER v. ROBERT BARBALINARDO, M.D. -- rank: 748

... day, which denied their cross-motion for waiver, pursuant to N.J.S.A. 2A:53A-41(c). 2 Plaintiffs filed suit after plaintiff suffered a ruptured ... confirm that both experts qualified to submit AOMs, pursuant to N.J.S.A. 2A:53A-41. On October 25, 2013, the court ruled that Dr. Sarnelle ... filed a cross-motion to allow for an exception under N.J.S.A. 2A:53A-41(c). The motion judge barred Dr. Chait from testifying as ... counsel again filed a motion to permit a waiver under N.J.S.A. 2A:53A-41(c), citing a "good faith" effort since "none of the ... argument, initially found that plaintiffs "technically . . . met" the requirements of N.J.S.A. 2A:53A-41(c) by "checking off the boxes." However, the judge expressed ... 2, 2016, plaintiffs again cross-moved for a waiver under N.J.S.A. 2A:53A-41(c). On March 18, 2016, the case came before ...

docket:	a3567-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-26
status:	unpublished
citation:
Document Size:	29402

22 HILL INTERNATIONAL INC v. ATLANTIC CITY BOARD OF EDUCATION -- rank: 746

... expert testimony or executes an affidavit as set forth in [ N.J.S.A. ] 2A:53A-41. In all other cases, the person executing the affidavit shall ... specialization requirements imposed for affiants in medical malpractice cases in N.J.S.A. 2A:53A-41. Section 27, as noted above, does indicate that the affiant ... s 2004 amendments for affiants in medical malpractice cases. See N.J.S.A. 2A:53A-41. Those amendments imposed additional requirements regarding specialization to the licensing ... for physicians and other health care professionals set forth in N.J.S.A. 2A:53A-41. 12 For instance, breach of contract claims may not require ...

docket:	a4139-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-30
status:	published
citation:	438 N.J.Super. 562 106 A.3d 487
Document Size:	99811

23 NICOLE HOOVER v. MERRICK WETZLER, M.D. -- rank: 720

... expert testimony or executes an affidavit as set forth in . . . [N.J.S.A. 2A:53A-41].' 'In all other cases, the person executing the affidavit' is ... Buck v. Henry, 207 N.J. 377, 389 (2011) (quoting N.J.S.A. 2A:53A-41).] With respect to who may provide an AOM against a general practitioner, N.J.S.A. 2A:53A-41 provides: b. If the party against whom or on whose ... specialist or subspecialist.'' Buck, 207 N.J. at 391 (quoting N.J.S.A. 2A:53A-41). Plaintiff argues that defendant is a 'general practitioner' pursuant to ... only to physicians. And it does so repeatedly. For example, N.J.S.A. 2A:53A- 41(a) governs parties to a medical malpractice action who are ... physicians. . . . Similarly, only a physician falls within the bounds of N.J.S.A. 2A:53A-41(b). That subsection addresses general practitioners and limits the ...

docket:	a2688-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Published
citation:
Document Size:	23076

24 GINA CORNEJO v. ASHWIN KANSAGRA, M.D. -- rank: 696

... internal medicine physician. As such, Dr. Osheroff was prohibited by N.J.S.A. 2A:53A-41 from executing an affidavit "'on the appropriate standard of practice ... Osheroff's AOM was insufficient as to Dr. Mackessy under N.J.S.A. 2A:53A-41 because plaintiff's complaint alleged that Dr. Mackessy was a ... ordinarily exercised or possessed by others of this specialty " (quoting N.J.S.A. 2A:53A-41) (emphasis added). 11 Thus, only an expert orthopedic surgeon could ... As a result, plaintiff failed to satisfy the requirements of N.J.S.A. 2A:53A-41. Finally, the judge decided that Dr. Osheroff's AOM was ... equivalently[ ] qualified to the defendant." Id. at 51-52 (citing N.J.S.A. 2A:53A-41). Indeed, the New Jersey Medical Care Access and Responsibility and Patients First Act overruled Wacht . N.J.S.A. 2A:53A-41 limited the physicians who could execute an AOM against ...

docket:	a1572-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-19
status:	unpublished
citation:
Document Size:	34575

25 RITA ROTHMAN v. BRUNO N. COLE, M.D. -- rank: 650

... barred from providing the testimony under the Patients First Act, N.J.S.A. 2A:53A-41, and the Court's decision in Nicholas . We disagree. Under N.J.S.A. 2A:53A-41, "a plaintiff's medical expert testifying to the standard of ... supra , 213 N.J. at 467. The apparent objective of N.J.S.A. 2A:53A-41 is to ensure that, when a defendant physician is subject ... must practice in the same specialty. [ Id. at 486.] "Under N.J.S.A. 2A:53A-41, the first inquiry must be whether a physician is a ... or subspecialty" as defendant, and therefore was not qualified under N.J.S.A. 2A:53A-41 to provide testimony regarding the standard of care applicable to ... 487. Although Schneller did not possess the qualifications required under N.J.S.A. 2A:53A-41 to testify regarding the standard of care, defendant failed ...

docket:	a1838-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-21
status:	unpublished
citation:
Document Size:	44760

26 Linda Cowley v. Virtua Health System -- rank: 637

... expert testimony or executes an affidavit as set forth in [N.J.S.A. 2A:53A-41]. [N.J.S.A. 2A:53A-27.] The Affidavit of ...

docket:	a-47-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	48485

27 JESSICA HURLEY v. NIKETA GOVINDANI, M.D -- rank: 629

... Medical Specialties or the American Osteopathic Association; or (c) both. [ N.J.S.A. 2A:53A-41(a) (emphasis added)]. Defendant contends Dr. Benedict was not engaged ... clinical practice' of the OB-GYN specialty as required under N.J.S.A. 2A:53A-41(a). A-1954-21 7 The statute does not define ... 207 N.J. at 389 (holding the basic principle behind N.J.S.A. 2A:53A-41 is that 'the challenging expert' who executes the affidavit of ... here, we are satisfied Dr. Benedict met the requirements of N.J.S.A. 2A:53A-41 to permit him to author an AOM. His qualifications and ...

docket:	a1954-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-02
status:	Unpublished
citation:
Document Size:	19779

28 MARK LEVENTAL v. DAVID KIRSCHENBAUM M.D. -- rank: 626

... that plaintiff failed to supply an affidavit that complied with N.J.S.A. 2A:53A-41, which we discuss below. Defendants also argued that the report ... or she meets certain criteria. Id. at 52-53 (citing N.J.S.A. 2A:53A-41). [T]he statute separates the credentials a challenging expert must ... credentialed by a hospital to treat the condition at issue, N.J.S.A. 2A:53A-41(a)(1) (emphasis added), or be board certified in the ... occurrence that is the basis for the claim or action," N.J.S.A. 2A:53A-41(a)(2). [ Nicholas v. Mynster , 213 N.J. 463 , 481 ... affidavit of merit that fully complied with the AMS and N.J.S.A. 2A:53A-41(a). In this regard, he clearly failed. Although defendants argue ... their brief that the more restrictive statutory criteria contained in N.J.S.A. 2A:53A-41(a) applied, the record fails to disclose whether Kirschenbaum ...

docket:	a1650-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-06
status:	unpublished
citation:
Document Size:	26609

29 /usr/local/share/www/libweb/collections/courts/appellate/a2072-14a2495-14.opn.html -- rank: 613

... applicable area of practice or a related field of medicine. [ N.J.S.A. 2A:53A-41(a)-(c).] The Patients First Act makes clear that, with the exception of N.J.S.A. 2A:53A-41(c), "[w]hen a physician is a specialist and the ... credentialed by a hospital to treat the condition at issue, N.J.S.A. 2A:53A-41(a)(1) or be board certified in the same specialty ... occurrence that is the basis for the claim or action, N.J.S.A. 2A:53A-41(a)(2). [ Id. at 482 (citation and internal quotation marks ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	47597

30 JINWON BYUN v. ENGLEWOOD HOSPITAL AND MEDICAL CENTER -- rank: 603

... Specialists, which was not recognized as a certifying board in N.J.S.A. 2A:53A-41, which is part of the New Jersey Medical Care Access ... qualifications of a medical- malpractice plaintiff's testifying expert. Specifically, N.J.S.A. 2A:53A-41 of A-4020-19 26 the Patients First Act 'requires ... as defendant physicians.' Nicholas, 213 N.J. at 468 (quoting N.J.S.A. 2A:53A-41) (alteration in the original). Pursuant to the Patients First Act ... internist as an expert witness 'on the ground that, under N.J.S.A. 2A:53A-41, [he] did not have the requisite credentials to testify to ...

docket:	a4020-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-02
status:	Unpublished
citation:
Document Size:	74766