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 Results for ("N.J.S.A. 2a:53a-41")   31 to 45 of 79 results. Run time: 0.769 seconds | Search time: 0.762 seconds    
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31 STEPHEN MEEHAN v. PETER ANTONELLIS, DMD -- rank: 590
... P]laintiff has not applied for a waiver, pursuant to N.J.S.A. 2A:53A-41, and he has not shown that exceptional circumstances exist which ... o]ne piece of the Patients First Act, incorporated at N.J.S.A. 2A:53A-41, 'establishes qualifications for expert witnesses in medical malpractice actions' and ... or Act), L. 2004, c. 17, codified in part at N.J.S.A. 2A:53A-41, a plaintiff's medical expert must possess the same specialty or subspecialty as the defendant physician. N.J.S.A. 2A:53A-41 provides in part that [i]n an action alleging medical ...
docket: a0140-13
court: NJ Superior Court Appellate Division
decided: 2014-08-21
status: unpublished
citation:
Document Size: 25128
32 DIANE COLLETTI v. ROBERT WOOD JOHNSON HOSPITAL -- rank: 588
... last name. A-2829-21 2 kind specialty requirement of N.J.S.A. 2A:53A-41(a), the court granted the motion and dismissed the case ... did not satisfy the A-2829-21 7 requirements of N.J.S.A. 2A:53A-41(a)(2) because he had 'not devote[d] a majority ... doctor who practiced and rendered treatment within a recognized specialty, N.J.S.A. 2A:53A-41(a) provides: If the party against whom or on whose ... Mynster, our Supreme Court found '[t]he apparent objective of N.J.S.A. 2A:53A-41 is to ensure that, when a defendant physician is subject ... N.J. at 468. Thus, the Court held, pursuant to N.J.S.A. 2A:53A-41(a), '[w]hen a physician is a specialist and the ...
docket: a2829-21
court: NJ Superior Court Appellate Division
decided: 2023-09-06
status: Unpublished
citation:
Document Size: 23524
33 ROBERT BUCK v. JAMES R. HENRY, M.D. -- rank: 580
... of merit submitted by plaintiff to meet his burden under N.J.S.A. 2A:53A-41 were not qualified to evaluate and opine upon the propriety ... expert testimony or executes an affidavit as set forth in [N.J.S.A. 2A:53A-41].' Ibid. N.J.S.A. 2A:53A-41 establishes the criteria that the party offering the affidavit of ... care professional in the United States and meets [certain] criteria[.]' N.J.S.A. 2A:53A-41. Under subsection (a) of this statute, [i]f the party ... on whose behalf the testimony is licensed; or (3) both. [N.J.S.A. 2A:53A-41(b).] We reject this argument because plaintiff has not come ...
docket: a0362-09
court: superior court appellate division
decided: 2010-03-25
status: unpublished
citation:
Document Size: 28415
34 ABBY RYAN and KIRK RYAN v. ANDREW RENNY, M.D -- rank: 575
... Merit by a person meeting the specialty criteria set by N.J.S.A. 2A:53A-41. Plaintiffs cross-moved for a waiver of the specialty requirements ... filing the Complaint, I have fully complied with provisions of N.J.S.A. 2A:53A-41 waiver provision. The judge asked for clarification from plaintiffs' counsel ... or subspecialist, rather than the qualifications possessed by a generalist. N.J.S.A. 2A:53A-41. Just as obvious, the waiver provision would be circumvented if ...
docket: a0176-08
court: NJ Superior Court Appellate Division
decided: 2009-08-03
status: published
citation: 408 N.J. Super. 590 975 A.2d 971
Document Size: 30838
35 MICHAEL TORRES v. PALISADES MEDICAL CENTER -- rank: 559
... the person providing the affidavit must meet the requirements of N.J.S.A. 2A:53A-41, which was enacted as part of the New Jersey Medical ... challenging expert to be equivalently qualified to the defendant[.]" Ibid. N.J.S.A. 2A:53A-41 recognized three distinct categories of defendants entitled to require challenging ... practitioners." [ Buck v. Henry , 207 N.J. 377 , 289 (2011).] N.J.S.A. 2A:53A-41(a) addresses the first two categories: a. If the party ... in emergency medicine, he did not meet the requirements of N.J.S.A. 2A:53A-41(a), and the trial court properly granted the motion to ...
docket: a0570-10
court: NJ Superior Court Appellate Division
decided: 2012-02-29
status: unpublished
citation:
Document Size: 22878
36 MAURICE R. GRASSIA JR. v. UNDERWOOD HOSPITAL, INSPIRA MEDICAL CENTER WOODBURY -- rank: 554
... to the standard of care based on the requirements under N.J.S.A. 2A:53A-41. Plaintiff only opposed the summary judgment motion as to Dr ... is that of a general practitioner. See id. at 116. N.J.S.A. 2A:53A-41 establishes the requirements for any person giving expert testimony as ... on whose behalf the testimony is licensed; or (3) both. [ N.J.S.A. 2A:53A-41(b) (emphasis added).] A-3593-16T4 8 Therefore, in order ... the medical condition or procedure at issue in the claim. N.J.S.A. 2A:53A-41(b)(1). Plaintiff failed to establish that Dr. Vearrier satisfied ... of his professional time' to the instruction of medical students. N.J.S.A. 2A:53A-41(b). While Dr. Vearrier served as both a Clerkship Director ... health care profession' as Dr. Roy or Dr. Yoon-Flannery. N.J.S.A. 2A:53A-41(b)(2). Therefore, Dr. Vearrier's teachings and instruction ...
docket: a3593-16
court: NJ Superior Court Appellate Division
decided: 2018-12-04
status: Unpublished
citation:
Document Size: 23466
37 /usr/local/share/www/libweb/collections/courts/appellate/a2194-19.opn.html -- rank: 554
... requirement of the Patients First Act, A-2194-19T3 2 N.J.S.A. 2A:53A-41. Because the affidavit of merit plaintiff submitted was authored by ... with the same specialty requirement of the Patients First Act, N.J.S.A. 2A:53A-41. Plaintiff opposed the motion, arguing defendant's treatment of plaintiff ... decedent did not 'involve[]' defendant's practice of family medicine. N.J.S.A. 2A:53A-41(a). Although conceding, as he must, that his decedent consulted ...
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Document Size: 14490
38 DOCKET NO. A-2911-09T3 JENO RAB v. JOEL M. DONER, BARRY WOLINSKI and LAWRENCE GORZELNIK and MICHAEL LEPERA JENO RAB v. JOEL M. DONER and MICHAEL LEPERA - and BARRY WOLINSKI and LAWRENCE GORZELNIK -- rank: 551
... Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-41, requires that the expert witness giving testimony on the appropriate ... physician or other health care professional in the United States." N.J.S.A. 2A:53A-41. An expert witness testifying against a specialist or subspecialist recognized ... the act and must meet other requirements in the act. N.J.S.A. 2A:53A-41(a). Dentistry is not recognized by either organization. 2 We ... presented to us, whether plaintiff's claim is governed by N.J.S.A. 2A:53A-41(b) dealing with general practitioners. In summary, Dr. Adamo's ...
docket: a2911-09
court: New Jersey Superior Court Appellate Division
decided: 2010-07-19
status: Published
citation:
Document Size: 35658
39 JENO RAB v. JOEL M. DONER -- rank: 551
... Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-41, requires that the expert witness giving testimony on the appropriate ... physician or other health care professional in the United States." N.J.S.A. 2A:53A-41. An expert witness testifying against a specialist or subspecialist recognized ... the act and must meet other requirements in the act. N.J.S.A. 2A:53A-41(a). Dentistry is not recognized by either organization. 2 We ... presented to us, whether plaintiff's claim is governed by N.J.S.A. 2A:53A-41(b) dealing with general practitioners. In summary, Dr. Adamo's ...
docket: a2913-09
court: New Jersey Superior Court Appellate Division
decided: 2010-07-19
status: unpublished
citation:
Document Size: 35353
40 KATHY KANG v. HEE K. YANG -- rank: 551
... 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 ... to satisfy the AMS. As noted, in medical malpractice cases, N.J.S.A. 2A:53A-41 restricts the qualifications that a physician must have to execute ... steps he undertook to obtain an expert qualified according to N.J.S.A. 2A:53A-41(a) or (b). By way of example, that would include ...
docket: a1257-14
court: New Jersey Superior Court Appellate Division
decided: 2016-09-09
status: Published
citation:
Document Size: 27597
41 MICHAEL PARKER v. BASEL BATARSEH, M.D. -- rank: 541
... or Act), L. 2004, c. 17, codified in part at N.J.S.A. 2A:53A-41, a plaintiff's medical expert must possess the same specialty or subspecialty as the defendant physician. N.J.S.A. 2A:53A-41 provides in part that [i]n an action alleging medical ... is appropriately qualified as an instructor of medical students under N.J.S.A. 2A:53A-41(a)(2)(b). We agree with the judge that Krukenkamp ... well as a research environment. This is sufficient pursuant to N.J.S.A. 2A:53A-41(a)(2)(b). VII. In conclusion, we affirm the dismissal ...
docket: a4436-11
court: NJ Superior Court Appellate Division
decided: 2013-06-25
status: unpublished
citation:
Document Size: 54057
42 DOROTHY RUSSELL v. YVETTE BRIDGES, M.D -- rank: 531
... J. Super. 24, 39 (App. Div.) (upholding the validity of N.J.S.A. 2A:53A-41), certif. denied , 188 N.J. 491 (2006). N.J.S.A. 2A:53A-41 provides, in relevant part, that: In an action alleging medical ... Medical Specialties or the American Osteopathic Association; or (c) both. [ N.J.S.A. 2A:53A-41 (emphasis added).] As more succinctly stated in New Jersey State ... allows for waiver of these requirements in certain circumstances. See N.J.S.A. 2A:53A-41(c). Such waiver can only be granted if the party ... N.J. 377 (2011), the Court reviewed the requirements of N.J.S.A. 2A:53A-41 in the context of compliance with the affidavit of merit ...
docket: a5059-09
court: NJ Superior Court Appellate Division
decided: 2012-03-08
status: unpublished
citation:
Document Size: 21735
43 DAVID R. AUSTIN v. EDWIN DEITCH, M.D. -- rank: 531
... to [the] deviation from accepted standards of care pursuant to N.J.S.A. 2A:53A-41[.]" We affirm. Before addressing the legal issues raised by the ... pursuant to N.J.S.A. 2A:53A-27 and N.J.S.A. 2A:53A-41[.]" The matter proceeded from this point through discovery, with neither ... based on plaintiffs' failure to comply with the requirements of N.J.S.A. 2A:53A-41. This motion was triggered by our Supreme Court's then ...
docket: a5442-12
court: NJ Superior Court Appellate Division
decided: 2014-07-17
status: unpublished
citation:
Document Size: 22572
44 ANTHONY BROWN v. Dr. ROBERT CARUSO -- rank: 523
... a specialist . . . who is board certified in the same specialty . . . . [ N.J.S.A. 2A:53A-41.] In this case, plaintiff did produce an AOM to support ... signed it, Dr. Ippolito, did not meet the requirements of N.J.S.A. 2A:53A-41. More specifically, the judge concluded that Dr. Ippolito, a general ...
docket: a1937-13
court: NJ Superior Court Appellate Division
decided: 2016-01-08
status: unpublished
citation:
Document Size: 39946
45 JANICE TAYLOR v. COMMUNITY MEDICAL CENTER -- rank: 520
... a]ffidavit is not notarized nor does it comply with N.J.S.A. 2A:53A-41." On October 2, 2008, the Community defendants filed a second ... forth in section 7 of P.L. 2004, c. 17 [ N.J.S.A. 2A:53A-41]. In all other cases, the person executing the affidavit shall ... a]ffidavit is not notarized nor does it comply with N.J.S.A. 2A:53A-41." The record is devoid of efforts to correct the identified ...
docket: a5727-08
court: superior court appellate division
decided: 2011-01-21
status: Unpublished
citation:
Document Size: 30608
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