NICHOLAS v. MYNSTER

A-6-11, A-7-11 September Term 2011, 068439/068440

64 A.3d 536 (2013)

213 N.J. 463

Edward NICHOLAS and Tracy Nicholas, Plaintiffs-Respondents, v. Dr. Christopher MYNSTER, Dr. Rekha Sehgal, Joseph J. Diorio, M.D., Dr. Timothy Rhymes, SJH Regional Medical Center, STIHL Incorporated, and Francis Carini, Defendants-Appellants.

Supreme Court of New Jersey.

Decided April 25, 2013.


Attorney(s) appearing for the Case

Mary Ann C. O'Brien argued the cause for appellant Dr. Christopher Mynster (Crammer, Bishop & O'Brien, attorneys).

Karla M. Donovan argued the cause for appellant Dr. Rekha Sehgal (Buckley & Theroux, attorneys).

E. Drew Britcher , Glen Rock, argued the cause for respondents (Britcher, Leone & Roth and Saltz Mongeluzzi Barrett & Bendesky, attorneys; Brian E. Fritz , on the briefs).

Abbott S. Brown , West Orange, submitted a brief on behalf of amicus curiae The New Jersey Association for Justice ( Bendit Weinstock , attorneys; Mr. Brown and Alan Y. Medvin , Newark, on the brief).

John Zen Jackson , Morristown, submitted a brief on behalf of amici curiae Medical Society of New Jersey and The American Medical Association (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Jackson and Cecylia K. Hahn , Morristown, on the brief).


Justice ALBIN delivered the opinion of the Court.

In this medical-malpractice case, we must determine whether, under the New Jersey Medical Care Access and Responsibility and Patients First Act (Patients First Act or Act), L. 2004, c. 17, codified in part at N.J.S.A. 2A:53A-41, plaintiffs' medical expert possesses the statutory credentials necessary to testify against defendant physicians. In both Ryan...

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