Search Rutgers Law Library N.J. Court Opinions

1 Leah Coleman v. Sonia Martinez -- rank: 1000

... pp. 25-27) 4. Enacted in part to codify McIntosh, N.J.S.A. 2A:62A-16 immunizes licensed medical professionals in the fields of “psychology ... of construction, the Court finds Martinez does not fall within N.J.S.A. 2A:62A-16 but notes that, “even if a practitioner does not ... the common law should be harmonized with the standards of N.J.S.A. 2A:62A-16 so that the public policies enunciated by the Legislature through ... case of a licensed social worker, to the guideline in N.J.S.A. 2A:62A-16 would maintain a consistent standard for similarly situated mental health ... on the following assertions: she was immune from liability under N.J.S.A. 2A:62A-16; the harm to Coleman was unforeseeable as a matter of ... were barred by the CIA. In opposition, Coleman argued that N.J.S.A. 2A:62A-16 and the CIA were inapplicable; that, even if N. ...

docket:	a-3-20
court:	NJ Supreme Court
decided:	2021-07-15
status:
citation:
Document Size:	118563

2 JEFFREY SHECTMAN v. ROBERT BRANSFIELD, M.D. -- rank: 772

... he was entitled to immunity from civil liability pursuant to N.J.S.A. 2A:62A-16. Plaintiff opposed the motion, asserting that defendant had waived the ... from asserting that he was immune from liability pursuant to N.J.S.A. 2A:62A-16. The judge found that defendant was entitled to immunity under ... for our consideration: 1) defendant waived the immunity defense under N.J.S.A. 2A:62A-16 because he failed to assert the defense in his answer ... 2) defendant should be equitably estopped from asserting immunity under N.J.S.A. 2A:62A-16 because he failed to assert the defense in a timely manner; 3) N.J.S.A. 2A:62A-16 does not apply to plaintiff's claims; and 4) N.J.S.A. 2A:62A-16 unconstitutionally violates plaintiff's right to equal protection under ...

docket:	a4949-04
court:	njappellate
decided:	2006-02-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37842

3 RONALD MCKAY, JR v. PARKVIEW HOLDINGS L.L.C. -- rank: 635

... summary judgment. In a comprehensive written statement of reasons, citing N.J.S.A. 2A:62A-16(a) and (b), the judge concluded defendants had no duty ... between a breach of the duty to warn pursuant to N.J.S.A. 2A:62A-16, and "liability for a deviation in the standard of care ... also rejected plaintiff's contention that any immunity provided by N.J.S.A. 2A:62A-16 was limited to the doctors and did not extend to ... the order under review. 3 On appeal, plaintiff argues that N.J.S.A. 2A:62A-16 does not confer immunity upon the hospital, nor does it ... disease. [ Id. at 489-90.] In 1991, the Legislature enacted N.J.S.A. 2A:62A-16 (the statute), which provides in relevant part: a. Any person ...

docket:	a0702-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-29
status:	unpublished
citation:
Document Size:	33259

4 CRAIG S. MARSHALL v. VLADIMIR KLEBANOV, M.D. -- rank: 597

... s summary judgment, which concluded that defendant psychiatrist, pursuant to N.J.S.A. 2A:62A-16, was statutorily immune from liability for Mrs. Marshall's suicide ... s opinion, however, the motion judge agreed with defendant that N.J.S.A. 2A:62A-16 shields a mental health professional from liability for deviations from ... the ultimate intellectual underpinning of the majority's decision, that N.J.S.A. 2A:62A-16 was not intended "to immunize mental health practitioners from all ... cannot be reconciled with the statute's clear, unambiguous language. N.J.S.A. 2A:62A-16 provides, in pertinent part, that: Any person who is licensed ...

docket:	A2237-03
court:	NJ Superior Court Appellate Division
decided:	2005-06-22
status:	published
citation:
Document Size:	68080

5 MATHEW BRASKI v. STATE OF NEW JERSEY, et al. -- rank: 591

... him as mental health professionals. The motion judge held that N.J.S.A. 2A:62A-16 immunized both defendants from liability. He found no evidence that ... Court examined the immunity conferred on mental health professionals by N.J.S.A. 2A:62A-16. This statute provides in pertinent part: a. Any person who ... upon himself, warning the parent or guardian of the patient. [ N.J.S.A. 2A:62A-16.] In Marshall , supra , the Court examined whether a mental health ... Ibid. The Court held that "the statutory immunity provisions of N.J.S.A. 2A:62A-16 do not immunize a mental health practitioner from potential liability ... in the field." Id. at 38. The Court emphasized that N.J.S.A. 2A:62A-16 was enacted to codify the ruling in McIntosh v. Milano ...

docket:	A0783-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-10
status:	unpublished
citation:
Document Size:	104683

6 PATRICIA C. McGRATH et al. v. MOHAMED H. YOSRY, M.D., ET AL.PER CURIAM In this medical malpractice action, plaintiffs Patricia and Heather McGrath appeal from three orders entered on July 14, 2006 granting summary judgment in favor of the defendants dismi -- rank: 581

... on the ground that they were immune from liability under N.J.S.A. 2A:62A-16. On June 28, 2006, almost a month after discovery closed ... argue that (1) the trial court erred in deciding that N.J.S.A. 2A:62A-16 provides the exclusive cause of action against a mental health ... patient's violent act against another person or against himself." N.J.S.A. 2A:62A-16 the exclusive remedy against mental health practitioners for violent acts ... Nevertheless, the Court held "that the statutory immunity provisions of N.J.S.A. 2A:62A-16 do not immunize a mental health practitioner from potential liability ...

docket:	A0327-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-03
status:	unpublished
citation:
Document Size:	61741

7 IN THE MATTER OF JAMES BELLAMY -- rank: 470

... 4 The record does not contain the hearing transcripts. 5 N.J.S.A. 2A:62A-16(b)(1) confers a "duty to warn" upon psychiatrists if ... the patient intended to carry out the threat[.]" See also N.J.S.A. 2A:62A-16(d) (providing psychiatrists are immune from civil liability accompanying disclosure of a privileged communication in compliance with N.J.S.A. 2A:62A-16). 6 Various motions and letters were exchanged between the parties ...

docket:	a2730-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-20
status:	unpublished
citation:
Document Size:	41226

8 /usr/local/share/www/libweb/collections/courts/appellate/a1103-19.opn.html -- rank: 399

... admission met the threshold of the duty to warn under N.J.S.A. 2A:62A-16(b). 4 While at Greystone, J.H.P. revealed that ...

docket:
court:
decided:
status:
citation:
Document Size:	29154

9 MICHAEL WILLIAMS v. THE COUNTY OF MIDDLESEX NEW JERSEY -- rank: 354

... reasons, they raised the defense of statutory immunity pursuant to N.J.S.A. 2A:62A-16(b), which shields medical providers from liability for violent acts ...

docket:	a2892-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-28
status:	Unpublished
citation:
Document Size:	15688

10 Diane Runyon v. Maureen B. Smith, Ph.D -- rank: 291

... required to disclose confidential information obtained from a patient. See N.J.S.A. 2A:62A-16. Nothing in this record demonstrates that the children were exposed ...

docket:	a-47-99
court:	njsupreme
decided:	2000-05-10
status:
citation:	163 N.J. 439
Document Size:	30741

11 ONN RAPEIKA v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 283

... patient's threat of violence during a therapy session. See N.J.S.A. 2A:62A-16. 'The DOC is not required to provide a verbatim record ...

docket:	a3476-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-14
status:	Unpublished
citation:
Document Size:	13448