On March 9, 2023, the New Jersey State Board of Medical Examiners filed an Order and statement of reasons for denying reinstatement of a physician’s medical license that had been previously revoked but with a right to apply for reinstatement. The denial was based on the Board’s conclusion that N.J.S.A. 45:1-15.9 barred reinstatement because of
In a case of first impression, the Superior Court of New Jersey in Atlantic Plastic & Hand Surgery, P.A. v. Ralling held that a parent who is the named insurance policyholder is not liable for unreimbursed medical expenses incurred by an emancipated child who is a covered “adult child” dependent pursuant to the Patient Protection
The Supreme Court of South Carolina has ruled that the state constitutional protection against “unreasonable invasions of privacy” includes a woman’s right to choose an abortion. In Planned Parenthood South Atlantic v. State of Carolina, the Court found that the Fetal Heartbeat and Protection Act violated Article I, Section 10, of the South Carolina
New Jersey enacted the Medical Aid in Dying for the Terminally Ill Act (MAID) in 2019, becoming one of eleven jurisdictions including the District of Columbia to recognize a patient’s ability to obtain physician assistance for the purpose of obtaining medication to end a life burdened by terminal illness.
Massachusetts is not one of the
In an article recently published in the MDAdvisor Journal, Greenbaum attorney John Zen Jackson analyzes the number of times the option to self-administer medication under the Medical Aid in Dying Act (MAID) has been used in New Jersey on an annual basis. Resources in this article include statistics from five demographic categories, a comparison of
The Affidavit of Merit Statute was originally enacted in 1995. Over the ensuing twenty-five years, it has been the focus of numerous opinions from the New Jersey Supreme Court and the Appellate Division examining numerous facets of the statute. In the 2003 decision in Knorr v. Smeal, the Supreme Court observed that “[o]n repeated
The facts of In the Matter of Jitan are rather startling, but this opinion by the Superior Court of New Jersey Appellate Division, decided on October 13, 2022, provides a reminder of the exceedingly deferential standard of judicial review of professional disciplinary decisions and the broad discretion permitted to the licensing boards in determining appropriate
Noncompete agreements and restrictive covenants have increasingly become the subject of scrutiny, and within the healthcare sector the use of these agreements remains both highly controversial and highly litigated. Greenbaum attorneys Jessica M. Carroll and John Zen Jackson analyze these issues, including related activity on the legislative front and the potential impact of federal antitrust
On the heels of the Dobbs decision overruling Roe v. Wade, President Joe Biden directed the Secretary of Health and Human Services (HHS) to provide guidance under the Health Insurance Portability and Accountability Act (HIPAA) and other statutes to protect reproductive rights and abortion access by strengthening “the protection of sensitive information related to reproductive
In an effort to reduce the number of medical malpractice claims without merit, the New Jersey Legislature enacted the Medical Care and Access and Responsibility and Patients First Act in 2004. Now more commonly referred to as the Patients First Act (PFA), this legislation included provisions specifically for “an action alleging medical malpractice” that amended