Search Rutgers Law Library N.J. Court Opinions

1 FRANK TETTO v. ST. CLARE'S HOSPITAL -- rank: 1000

... also hold his AOM had to meet the requirements of N.J.S.A. 2A:53A-41(a) because he claimed defendant St. Clare's Hospital was ... complaint for failing to comply with the AOM statute and N.J.S.A. 2A:53A-41(a). Defendant's certification stated the 'alcohol abuse' diagnosis was ... meaning of N.J.S.A. 2A:53A-27 and N.J.S.A. 2A:53A-41. See, e.g., Buck v. Henry, 207 N.J. 377, 384 (2011) (applying N.J.S.A. 2A:53A-41 where the plaintiff alleged the doctor 'failed to properly diagnose ... any individual doctors, only the hospital.' He claims that therefore ' N.J.S.A. 2A:53A- 41(a)[] does not apply since the hospital is not a ... or subspecialist.'' To resolve his claim, we must consider both N.J.S.A. 2A:53A-41(a) and the principles of vicarious liability. A. We ...

docket:	a5439-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-27
status:
citation:
Document Size:	69999

2 SANDRA NICHOLAS v. HACKENSACK UNIVERSITY MEDICAL CENTER -- rank: 987

... in 2011, and therefore did not satisfy the requirements of N.J.S.A. 2A:53A-41(a)(2). In its written opinion, the court noted the ... proffered expert[, Dr. Eigen,] is qualified as an expert under N.J.S.A. 2A:53A-41(a)(1) or N.J.S.A. 2A:53A-41(a)(2) as required under Nicholas v. Mynster, 213 N ... critical care, he did not satisfy the requirements of either N.J.S.A. 2A:53A-41(a)(2)(a) or N.J.S.A. 2A:53A-41(a)(2)(b), 'which require either devotion to practice or ... standard of care 'because it would violate the rule of N.J.S.A. 2A:53A-41(a) et. seq.' Plaintiffs filed a motion to correct ...

docket:	a5165-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-09
status:
citation:	456 N.J.Super. 110 192 A.3d 16
Document Size:	40197

3 MICHAEL JOHN DELANY v. DR. JAMES Q. ATKINSON, III -- rank: 981

... supporting the malpractice claim did not satisfy the requirements under N.J.S.A. 2A:53A-41(a) to be qualified to render an expert's opinion ... meet the qualifications to submit an affidavit of merit under N.J.S.A. 2A:53A-41(a) because he did not specialize in the same specialty ... cardiovascular disease. Defendants claimed Dr. Stroh therefore did not satisfy N.J.S.A. 2A:53A-41(a)'s requirement that a physician submitting an affidavit of ... determined Dr. Stroh did not possess the qualifications required under N.J.S.A. 2A:53A-41(a) to offer expert opinion on the standard of care ... both shared board certifications in internal medicine. The court determined N.J.S.A. 2A:53A-41(a)'s requirement that a plaintiff's expert 'specialize' in ... Super. 1, 14 (App. Div. 2016) (citation omitted). More particularly, N.J.S.A. 2A:53A-41 ''establishes [the] qualifications for expert witnesses in medical malpractice ...

docket:	a2713-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-14
status:	Unpublished
citation:
Document Size:	35342

4 Stephen Meehan v. Peter Antonellis, DMD -- rank: 932

... to the like-qualified standard of the Patients First Act, N.J.S.A. 2A:53A-41 (section 41), or under the credentials standards outlined in N ... like-qualified standard 2 prescribed in the Patients First Act, N.J.S.A. 2A:53A-41 (section 41), applies only in actions for medical malpractice. In ... of merit “in an action alleging medical malpractice.” N.J.S.A. 2A:53A-41. The expert or affiant must be a licensed physician, ibid ...

docket:	A-45-14
court:	NJ Supreme Court
decided:	2016-08-09
status:
citation:	226 N.J. 216 141 A.3d 1162
Document Size:	85597

5 JANAN PFANNENSTEIN v. CHRISTINE SURREY, D.O. -- rank: 914

... the PFA's kind-for-kind specialty requirement embodied in N.J.S.A. 2A:53A-41(a) is not satisfied when the AOM's affiant specialized ... that she satisfied the waiver exception to the PFA under N.J.S.A. 2A:53A-41(c), which would have rendered moot defendants' appeal. I. Factual ... to meet the kind-for-kind requirements set forth in N.J.S.A. 2A:53A-41(a), as explained by our Supreme Court in Nicholas v ... care professional in the United States and meet[ specific] criteria.' N.J.S.A. 2A:53A-41. The statute provides: In an action alleging medical malpractice, a ... or the [AOA]; or (c) both. A-3005-21 12 [ N.J.S.A. 2A:53A-41 (emphasis added).] The ABMS recognizes internal medicine as a specialty ... at 27. A-3005-21 13 'The basic principle behind N.J.S.A. 2A:53A-41 is that 'the challenging expert' who executes an [AOM] ...

docket:	a3005-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-07
status:	Published
citation:
Document Size:	51567

6 obert Buck v. James R. Henry, M.D. -- rank: 909

... had additional time to submit an affidavit that conforms to N.J.S.A. 2A:53A-41. In the future, a physician defending against a medical malpractice ... he was involved when rendering treatment to the plaintiff. 1. N.J.S.A. 2A:53A-41, enacted in 2004, contains requirements for a person who gives ... certified; and (3) a general practitioner. The beginning part of N.J.S.A. 2A:53A-41(a), which addresses the first two categories, clearly speaks about ... as a general practitioner, a psychiatrist’s affidavit would satisfy N.J.S.A. 2A:53A-41(b). It also was not illogical to provide a backup ... support his claim. Buck made good faith attempts to satisfy N.J.S.A. 2A:53A-41 by filing affidavits from two specialists, even if the trial ... the party against whom . . . the testimony is offered.” (Quoting N.J.S.A. 2A:53A-41(a)). The panel accepted that Dr. Henry is a ...

docket:	a-10-10
court:	NJ Supreme Court
decided:	2011-08-22
status:
citation:
Document Size:	96222

7 Abby Ryan, et al. v. Andrew Renny, M.D. -- rank: 880

... motion for a waiver of the specialty requirement pursuant to N.J.S.A. 2A:53A-41(c). The trial judge found that plaintiff had made a ... executed by a person meeting the specialty criteria set by N.J.S.A. 2A:53A-41(a). Ryan filed a cross-motion for a waiver of the specialty requirements pursuant to N.J.S.A. 2A:53A-41(c). In support of the cross-motion, Ryan provided Dr ... effort to identify an expert who meets the requirements of N.J.S.A. 2A:53A-41(a). Ryan v. Renny , 408 N.J. Super. 590 , 596 ... on whose behalf the testimony is licensed; or (3) both. [ N.J.S.A. 2A:53A-41 (emphasis added).] The 2004 amendments also provide for waiver of ... applicable area of practice or a related field of medicine. [ N.J.S.A. 2A:53A-41(c).] In general, upon appropriate findings by the trial ...

docket:	a-50-09
court:	NJ Supreme Court
decided:	2010-07-22
status:
citation:	203 N.J. 37 999 A.2d 427
Document Size:	127896

8 EARNEKA WIGGINS, ET AL. VS. HACKENSACK MERIDIAN HEALTH, ET AL. -- rank: 870

... leave granted, in this medical negligence matter, we consider whether N.J.S.A. 2A:53A-41(a) under the New Jersey Medical Care Access and Responsibility ... by the kind-for-kind, credential equivalency requirement articulated in N.J.S.A. 2A:53A-41(a) and the legislative purpose of the Act. Therefore, we ... internal medicine and gastroenterology. Therefore, the AOM was deficient under N.J.S.A. 2A:53A-41. Counsel certified plaintiffs had not requested a sixty-day extension ... The supplemental memorandum then asserted plaintiffs met the criteria under N.J.S.A. 2A:53A-41(c) to obtain a waiver. Counsel stated he asked for ... p]laintiffs continue to formally request an exemption pursuant to [N.J.S.A.] 2A:53A-41(c), whether said request was found in their prior briefs ... at issue involves internal [medicine].' [(Last alteration in original) (quoting N.J.S.A. 2A:53A-41).] The court then stated that '[a]lternatively,' plaintiffs complied ...

docket:	a3847-22
court:	appellate
decided:	2024-04-16
status:	Published
citation:
Document Size:	54437

9 RACHELE LOUISE CASTELLO v. ALEXANDER M. WOHLER M.D. -- rank: 867

... waive the "same specialty or subspecialty" requirement under the PFA, N.J.S.A. 2A:53A-41(c). Plaintiff maintained there existed a limited availability of surgeons ... motion seeking waiver from compliance with the PFA, pursuant to N.J.S.A. 2A:53A-41(c). Rather, the judge disqualified Dr. Edoga from acting as ... witness, concluding that plaintiff failed to satisfy the requirements of N.J.S.A. 2A:53A-41(a)(1) or (2), which sets forth the requirements for ... appeal, plaintiff argues that Dr. Edoga satisfied the requirements of N.J.S.A. 2A:53A-41(a)(1) and (2); the judge erred in not applying N.J.S.A. 2A:53A-41(c); and the judge abused her discretion by failing to ... satisfied the PFA, particularly the additional statutory requirements enumerated in N.J.S.A. 2A:53A-41(a)(1) and (2). In the alternative, plaintiff argues ...

docket:	a0337-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-20
status:	published
citation:	446 N.J.Super. 1 139 A.3d 1218
Document Size:	70037

10 NEWJERSEY A-0876-13T1 MARK LANG and DORIS LANG INDIVIDUALLY, AND DORIS LANG AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF JOSEF F LANG v. MORRISTOWN MEMORIAL HOSPITAL GORYEB CHILDREN'S CENTER BLAIR BELTZER, M.D CHILTON MEMORIAL HOSPITAL, COLIN O'REILLY -- rank: 854

... Medical Specialties or the American Osteopathic Association; or (c) both. [ N.J.S.A. 2A:53A-41.] "The basic principle behind N.J.S.A. 2A:53A-41 is that 'the challenging expert' who executes an affidavit of ... is no statutory exception -- other than the waiver provision of N.J.S.A. 2A:53A-41(c) -- that permits a physician specializing in internal and preventive ... They assert that Dr. Flancbaum's credentials do not satisfy N.J.S.A. 2A:53A-41(a), which requires that in situations when a health care ... However, "hospital credentialing alone does not satisfy the requirements of N.J.S.A. 2A:53A-41." Nicholas , supra , 213 N.J. at 486. Dr. Flancbaum retired ... thus does not satisfy the "active clinical practice" requirement of N.J.S.A. 2A:53A-41(a)(2)(a). In addition, plaintiffs state that "Dr. ...

docket:	a0876-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-03
status:	unpublished
citation:
Document Size:	50551

11 JASON WEBER and MELISSA WEBER his wife v. MARY MAGNUSEN FAHSBENDER D.O., SKYLANDS MEDICAL GROUP P.A., ST. CLARE'S HOSPITAL DR. MUMTAZ NIAZI, M.D and DR. GREGORY ZIOLO M.D - -- rank: 821

... First Act"), L. 2004, c. 17, § 7, codified at N.J.S.A. 2A:53A-41, which generally requires that testifying experts in medical malpractice or ... her motion to bar Dr. Scotti. 4 She relied on N.J.S.A. 2A:53A-41, and the Court's decision a year earlier in Nicholas ... Scotti is qualified to testify against Dr. Fahsbender pursuant to N.J.S.A. 2A:53A-41; (2) defendant waived any objections to Dr. Scotti's qualifications ... that Dr. Scotti should be permitted to testify pursuant to N.J.S.A. 2A:53A-41, as well as his argument that a genuine issue of ... A. The provision of the Patients First Act in question, N.J.S.A. 2A:53A-41, requires that a testimonial expert be "equivalently-qualified to the ... expert witness must be an equally recognized specialist or subspecialist. N.J.S.A. 2A:53A-41(a). Moreover, if the defendant "is board certified and ...

docket:	a1446-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	39582

12 JOHNNY MEDINA v. CEASAR G. PITTA, M.D. -- rank: 813

... asserted that Dr. Morse's credentials satisfied the requirements of N.J.S.A. 2A:53A-41 because he 'is 8 A-5023-12T1 . . . board certified' in ... Renny, 203 N.J. 37 (2010), the motion judge stated N.J.S.A. 2A:53A-41 required a 'degree of contemporaneity' in the qualifications of the ... at the time of the alleged deviation as required under N.J.S.A. 2A:53A-41.' The judge noted further that 'plaintiff has not requested a waiver of the specialty provision, N.J.S.A. 2A:53A-41(c), nor 7 Plaintiff did not file a responding statement ... of Medical Specialties [(ABMS)] or the American Osteopathic Association [(AOA)].' N.J.S.A. 2A:53A-41(a). When the physician defendant is a specialist, but is ... statutory requirement, it is clear that 'specialize' as used in N.J.S.A. 2A:53A-41 means 'practice in a specialty' recognized by the ABMS ...

docket:	a5023-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-11
status:	published
citation:	442 N.J.Super. 1 120 A.3d 944
Document Size:	62241

13 /usr/local/share/www/libweb/collections/courts/supreme/a0037-15.opn.html -- rank: 805

... Eleanor Vo, M.D., lacked the enhanced credentials required by N.J.S.A. 2A:53A-41 to provide expert testimony regarding Dr. Dickes' alleged malpractice. For ... for a waiver of the specialty requirement, as permitted by N.J.S.A. 2A:53A-41(c), in the event the court found Dr. Vo's ... applicable area of practice or a related field of medicine. [ N.J.S.A. 2A:53A-41.] In comparison to N.J.S.A. 2A:53A-41(a) and (b), the waiver provision contained in (c) lacks ... practice or a related field[.]'" Ibid. (alteration in original) (quoting N.J.S.A. 2A:53A-41(c)). "Thus it approached the qualifications issue expansively, opening the ... certif. denied , 117 N.J. 48 (1989) . First, plaintiffs argue N.J.S.A. 2A:53A-41 does not apply to this case because Dr. Dickes' ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	92954

14 VERONICA WILLIAMS v. ATLANTICARE REGIONAL MEDICAL CENTER -- rank: 792

... Przybylski's affidavit did not comply with the requirements of N.J.S.A. 2A:53A-41 because the affiant did not specialize and was not board ... plaintiff's affidavit of merit complied with the requirements of N.J.S.A. 2A:53A-41. The court reasoned that Przybykski, Lowe, and Zerbo all practiced ... 213 N.J. 463 , was published. The Supreme Court held N.J.S.A. 2A:53A-41 requires that "[w]hen a physician is a specialist and ... again challenged Przybylski's qualification to testify against him under N.J.S.A. 2A:53A-41. Zerbo argued that the Supreme Court's recent decision in ... that plaintiff's affidavit of merit did not comply with N.J.S.A. 2A:53A-41 and that Przybylski would not be permitted to testify at ... against a doctor must also meet additional requirements established by N.J.S.A. 2A:53A-41. "The basic principle behind that statute is that 'the ...

docket:	a1093-13
court:	NJ Superior Court Appellate Division
decided:	2014-09-03
status:	unpublished
citation:
Document Size:	37651

15 RICHARD A. CARR v. OUR LADY OF LOURDES MEDICAL CENTER -- rank: 774

... that plaintiff's expert did not meet the requirements of N.J.S.A. 2A:53A-41 to be qualified to render an expert opinion in this ... are board certified in internal medicine, the following provisions of N.J.S.A. 2A:53A-41 establish the requirements for an expert in this case: a ... clinical research program in the same specialty . . . or (c) both. [ N.J.S.A. 2A:53A-41(a) (emphasis added).] Plaintiff did not file an AOM within ... Dr. Levin did not meet the qualification requirements established by N.J.S.A. 2A:53A-41(a). Dr. Hasbun and OLOL received the AOM after filing ... argued his expert was qualified to render an opinion under N.J.S.A. 2A:53A-41(a)(1), because he was credentialed by a hospital to ... by Dr. Levin's statement. We disagree. Our review of N.J.S.A. 2A:53A-41 and the applicable caselaw leads us to conclude that ...

docket:	a0143-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-19
status:	unpublished
citation:
Document Size:	49827