You be the Judge: Whats in a name

If you feel you did not receive proper medical care from a hospital resident, this may interest you.

The Appellate Division of the Superior Court recently reviewed a jury verdict against a surgical resident and an oral and maxillofacial surgical resident. These defendants provided emergency services to plaintiff's decedent when he was brought to a hospital following an automobile accident.

Plaintiff's expert testified that the residents failed to properly drain the gastric contents of decedent's stomach, causing him to choke to death on his own vomit.

Defendants argued that they were only residents in training, obliged to practice under the supervision of an attending physician. They argued that the trial judge should not have instructed the jury to measure their conduct against that of a general practitioner who was already licensed. The proper standard, they argued, should be one particular to a resident at that particular point in his or her training.

The jury returned a verdict against the residents and they appealed.

YOU BE THE JUDGE: Since a patient knows a resident is "in training", doesn't a lesser standard of care apply?

The appellate court disagreed with defendants. It noted that there was no support in precedent for a standard peculiar to residents.

But, more important, defendants called themselves doctors, and held themselves out to the public as being able to diagnose, treat, operate and prescribe for disease, pain or injury. Having claimed to have the expertise of doctors, they should be held to that standard.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Ridgewood, Ridgefield, Ramsey, Maywood, Oradell and throughout Bergen County, in North Haledon, Prospect Park, Passaic, Little Falls and elsewhere in Passaic County, in Nutley, West Caldwell, Roseland, Maplewood, Orange and throughout Essex County, in Whippany, Montville, Rockaway, Riverdale and Long Valley and Mendham in Morris County, in Murray Hill, Kenilworth, Plainfield and Roselle in Union County, in Roosevelt, Marlboro and Oakhurst in Monmouth County, in Old Bridge and Middlesex in Middlesex County, in Kearny, Bayonne, Secaucus and North Bergen in Hudson County, in Hightstown, Hamilton Township, Frenchtown and Pennington in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.