An article in the August 9, 2025, issue of the New England Journal of Medicine highlights the opportunity, if not the responsibility, of the bar in the private law sector to fill the gaps in healthcare access, quality, and...more
8/26/2025
/ Consumer Protection Laws ,
Contract Terms ,
Corporate Governance ,
False Claims Act (FCA) ,
Federalism ,
Fiduciary Duty ,
Food and Drug Administration (FDA) ,
Healthcare ,
Medical Malpractice ,
Public Health ,
Social Security Act ,
State and Local Government ,
States Rights ,
Tort ,
Trump Administration
New York is poised to become the twelfth state in the country to authorize medical aid in dying with a physician’s prescription for lethal medication to be self-administered by the patient. On June 9, 2025, the New York...more
7/18/2025
/ Assisted Suicide ,
Criminal Prosecution ,
Equal Protection ,
Healthcare ,
New Legislation ,
New York ,
Patient Rights ,
Physician-Assisted Suicide ,
Physicians ,
Prescription Drugs ,
Residency Requirements ,
State and Local Government ,
State Legislatures
A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more
The January 30, 2025 issue of the New England Journal of Medicine contains an article entitled “Providing Interstate Telehealth Abortion Services to Patients in Restrictive States.” In the second sentence, the authors write:...more
2/14/2025
/ Abortion ,
Constitutional Challenges ,
Criminal Liability ,
Criminal Prosecution ,
Data Privacy ,
Dobbs v. Jackson Women’s Health Organization ,
Enforcement Actions ,
Health Care Providers ,
Physicians ,
Regulatory Requirements ,
Reproductive Healthcare Issues ,
SCOTUS ,
State and Local Government ,
Telehealth
Born in Elsinborough Township in Salem County, New Jersey on October 13, 1825, John S. Rock was a person with amazing talents. After years of working as a physician, for health reasons he turned to the practice of law and in...more
2/10/2025
/ Anti-Discrimination Policies ,
Citizenship ,
Civil Rights Act ,
Constitutional Challenges ,
Discrimination ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
Race Relations ,
SCOTUS ,
Thirteenth Amendment ,
Voting Rights
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
1/31/2025
/ Affidavits ,
Appeals ,
Evidence ,
Expert Testimony ,
Expert Witness ,
Litigation Strategies ,
Medical Malpractice ,
Motion to Dismiss ,
New Jersey ,
NJ Supreme Court ,
Physicians ,
Professional Liability ,
Statutory Interpretation
The Attorney General of New Jersey and the Director of the New Jersey Division on Civil Rights jointly commenced a lawsuit against the Virtua Health System and its constituent hospitals alleging that its policy and practices...more
10/10/2024
/ Child Protective Services ,
Civil Rights Act ,
Discrimination ,
Drug Testing ,
Health Care Providers ,
Hospitals ,
Informed Consent ,
New Jersey ,
NJLAD ,
Pregnancy ,
State Attorneys General ,
Substance Abuse
A recent post on this blog previewed the issues raised in the case of Govatos v. Murphy related to the residency requirement in the New Jersey Medical Aid in Dying for the Terminally Ill Act. ...more
Since being enacted in 2019, the New Jersey Medical Aid in Dying Act has had a threshold condition on a patient’s request for medication under the Act: that they be an “adult resident of New Jersey.” The physician’s record...more
There is substantial support for the view that reliable widespread testing is essential to the restoration of a semblance of normalcy in New Jersey when considering the impact of the COVID-19 pandemic. In connection with...more
5/20/2020
/ Consumer Fraud ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Emergency Use Authorization (EUA) ,
Food and Drug Administration (FDA) ,
Governor Murphy ,
Medical Testing ,
New Jersey ,
Pharmacies ,
Public Safety ,
Safety Precautions ,
Virus Testing
May 6, 2020, New Jersey Governor Phil Murphy issued Executive Order 138, which extends the Public Health Emergency declared on March 9, 2020 under Executive Order 103 and extended on April 7 under Executive Order 119. Under...more
On April 17, 2020, the New Jersey Division of Consumer Affairs announced the specifics of a program authorized by Governor Murphy’s April 1 Executive Order 112 related to the temporary licensure of foreign licensed...more
As part of the response to COVID-19, on April 14, 2020 the Commissioner of the Department of Health (DOH) issued Executive Directive 20-008, which relaxes the existing statutory and regulatory requirements that limit...more
On April 7, 2020, New Jersey Governor Phil Murphy signed Executive Order 119, extending the public health emergency issued on March 9 under Executive Order 103, which was initially set to expire on April 8, for an additional...more
As part of the response to the COVID-19 outbreak, the Centers for Medicare and Medicaid Services (CMS) has modified provisions of the Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. § 1395dd, in a two-step...more
On April 1, 2020, New Jersey Governor Phil Murphy signed Executive Order 112, invoking powers under the Civil Defense Act and Disaster Control Act as well as the Emergency Health Powers Act to expand the availability of...more
On Friday, March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law.
Title III of the Act, “Supporting America’s Health Care System in the Fight Against the Coronavirus,” is...more
On March 20, 2020, the Attorney General of the State of New Jersey and the Director of the New Jersey Division of Consumer Affairs announced that the requirements for healthcare professionals, including physicians, licensed...more
The following legislation was signed by New Jersey Governor Phil Murphy on March 19, 2020:
A-3860 authorizes the use of telemedicine by both New Jersey licensed practitioners and those from out-of-state, in accordance with...more