Under the terms of legislation signed into law by New York Governor Kathy Hochul on February 6, 2026, the New York Medical Aid in Dying Act was to become effective August 5, 2026. As discussed in this previous blog post, litigation was commenced in the U.S. District Court for the Eastern District of New
As previously addressed on this blog, the New York Legislature enacted a Medical Aid in Dying Act in June of 2025 allowing a physician to issue a prescription for lethal medication to be self-administered by a patient who has been diagnosed with a terminal condition expected to lead to death within six months. After working
In Englewood Hospital & Medical Center v. State of New Jersey decided in July 2025, the New Jersey Supreme Court acknowledged the decades-old legislative declaration that it is of paramount public interest for the State to take all necessary and appropriate actions to ensure access to and the provision of high-quality and cost-effective hospital
On January 21, 2026, the New Jersey Appellate Division rejected a physician’s appeal concerning an Order of the Board of Medical Examiners dated April 19, 2024 enforcing a prior Consent Order that had been entered on March 14, 2007. The 2007 Consent Order had required the respondent physician to be accompanied by a chaperone
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