The Bergen County Superior Court of New Jersey has ruled that physicians who own surgical centers violate the Codey Act, a law which prohibits referral of patients to facilities that a physician owns. Ambulatory Care Centers and free standing surgical centers have proliferated in New Jersey, and physicians argue that such centers provide inexpensive alternatives to hospitalization; however,...
A Wrongful Death Bill (S-176) was voted out of the New Jersey State Senate Judiciary Committee on December 10, with a vote of 7 in favor and 4 in opposition. This bill which is long overdue in New Jersey, would permit survivors of those wronfully killed in automobile accidents, by dangerous products or as a result of medical malpractice to recover for grief and suffering. Justice Alan Handler,...
Breslin & Breslin was founded circa 1936 by John Breslin, former Bergen County Prosecutor and Roger Breslin, former New Jersey Superior Court Judge. This combination of leading trial attorneys in New Jersey created a firm that has fought for clients rights for almost seventy years.As our firm matured and expanded, our original principles of integrity, honesty, and of the pursuit of our clients'...
The information found on this website should not be construed as legal advice and is not a substitute for professional legal consultation. You should not base your legal decisions solely on the information found in this site and you are encouraged to seek the counsel of an attorney regarding your specific questions or situation.The information found herein may represent the opinions or...
A central issue in the discussion of health care is how to reduce the number of patients injured by medical mistakes. The question of patient safety is often overlooked when tort reform is...
Legislature Considers Payment Cap for Bridge Victims Minnesota lawmakers met Tuesday to decide whether to cap awards to victims of the Minneapolis bridge collapse or leave the size of the payments to neutral party. A $400,000 ceiling for lost income, medical expenses and mental anguish garnered support from both Democrats and Republicans. Federal law has further complicated matters because...
The AP reported today that the Florida Insurance Commissioner suspended Allstate companies from writing new automobile insurance policies in Florida for refusing to comply fully with a subpoena from the state.The Commissioner ended a scheduled two-day meeting Tuesday after just two hours. He reportedly was angered that Allstate officials failed to turn over some information the state requested...
The Charleston Daily Mail recently reported on made up absurd courtroom situations in an effort to pass so called medical malpractice lawsuit reform legislation. State Supreme Court Justice Larry Starcher was qoted in a dissent as having stated:"I dissent to express my hope that, in the future, the court or the Legislature will recognize the absurd and unconstitutional effects of the (reform)...
The Toledo Blade recently reported that, In a 5-2 decision, the Ohio Supreme Court Thursday morning upheld the constitutionality of a 2004 law capping damages for pain, suffering, and other non-economic claims in personal injury and other lawsuits.In a response to a question posed by U.S. District Court in Toledo, which is considering a federal lawsuit stemming from Johnson & Johnson's Ortho...
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