Two lessons emerge from the Appellate Division’s December 5, 2025 opinion in Weissman v. Li. The first is a reiteration of the importance of precision of the language used in questioning witnesses. The other is rejection of the reflexive reluctance to question one’s own witness in a pretrial deposition.
This is a medical malpractice
An article in the August 9, 2025, issue of the New England Journal of Medicine highlights the opportunity, if not the responsibility, of the bar in the private law sector to fill the gaps in healthcare access, quality, and accountability resulting from the Trump administration’s deregulation efforts regarding federal administrative agencies and legislation. Moreover, the
New York is poised to become the twelfth state in the country to authorize medical aid in dying with a physician’s prescription for lethal medication to be self-administered by the patient. On June 9, 2025, the New York Senate passed the bill on its third reading after earlier passage in the Assembly on April 29.
On February 28, 2025, the Appellate Division of the Superior Court of New Jersey filed an opinion approved for publication in S.V. v. RWJ Barnabas Health. The court reversed the denial of a motion for summary judgment and ordered the dismissal of the psychiatric malpractice complaint. In an opinion written by Judge Sabatino, it
A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model Civil Jury Charge has instructed jurors to measure the conduct of a defendant physician against the
The January 30, 2025 issue of the New England Journal of Medicine contains an article entitled “Providing Interstate Telehealth Abortion Services to Patients in Restrictive States.” In the second sentence, the authors write: “The complexities of telehealth regulation in the United States often result in areas of liability and concern for clinicians providing
Born in Elsinborough Township in Salem County, New Jersey on October 13, 1825, John S. Rock was a person with amazing talents. After years of working as a physician, for health reasons he turned to the practice of law and in 1865 he became the first black lawyer admitted to practice before the Supreme Court
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued its unanimous opinion in Wiggins v. Hackensack Meridian Health. The court ruled that in a case against a physician
The Attorney General of New Jersey and the Director of the New Jersey Division on Civil Rights jointly commenced a lawsuit against the Virtua Health System and its constituent hospitals alleging that its policy and practices concerning universal drug testing of all pregnant patients constituted unlawful discrimination based on pregnancy and sex in violation of
A recent post on this blog previewed the issues raised in the case of Govatos v. Murphy related to the residency requirement in the New Jersey Medical Aid in Dying for the Terminally Ill Act.
On September 18, 2024, the Honorable Renée Marie Bumb, the Chief Judge for the U.S. District Court for the