Case Dismissed Against Hospital Resident

Anthony A. Lenza, Esq. obtained a dismissal on behalf of a hospital resident in a Bergen County wrongful death action involving an autistic adult. Plaintiffs alleged that the medical treatment by the resident in the Emergency Department increased the stress on this hypersensitive patient leading to seizures, respiratory distress, and lethal cardiac arrhythmia. The law in New Jersey holds a hospital resident to the standard of care applicable to a general practitioner. Recognizing that our client should not be held to a higher standard of a specialist in Emergency Medicine, Anthony moved to bar plaintiffs’ experts from testifying against our client which the court granted prior to expert depositions. The court then granted Anthony’s subsequent motion for summary judgment and dismissed all ten counts of the complaint against our client.