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New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs (with Restrictions)

Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule 4:10-2(a), (g), and (f). Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Jury Instruction About a Defendant’s Absence at Trial Was an Abuse of Discretion

The trial court permitted a jury instruction that allowed the jury to not only consider the fact that the physician defendant, who was of Pakistani descent, did not attend the trial, but to also “make whatever inference and conclusions” they chose Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

What a Defendant Should Do When on the Receiving End of Lawsuits From the Same Pro Se Plaintiff

The plaintiff filed a pro se complaint in 2017 in the Philadelphia County Court of Common Pleas against, among others, Irina Stepansky, DMD, claiming he was “mutilated” during dental procedures performed by Dr. Stepansky in November of 2015. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals

Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation pro Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Fourth District Affirms Insurers’ Right to Directed Verdicts in Claims Not Related to the Insured’s Policy

After the insureds’ ceiling collapsed by a few inches, the insurer’s field adjuster saw that the ceiling had cracks but had not fallen down. The insurer denied the claim. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.