VAZQUEZ HELDMAN
  • Home
  • Areas of Practice
    • Business Law & Litigation
    • Construction, Real Estate & Development
    • Healthcare and Pharmacy Law
    • Wills, Trusts, Estates and Administration
  • Contact
  • Blog and Legal Updates

Legal Updates

Change in Testimony at Trial Held not to be Reversible Error

6/26/2019

 
In a recent opinion, the New Jersey Supreme Court held that a change in the trial testimony of a defendant-physician in a medical malpractice litigation did not warrant a new trial.   ​In the underlying trial, the physician's testimony deviated from that given in his discovery responses, including his deposition.  Plaintiff's counsel did not object to this deviation at trial, and ultimately a jury found in favor of the physician defendant.  The Appellate Division, in as split opinion, overturned the verdict and ordered a new trial.  However, the Supreme Court reversed the appellate court's decision, holding that there was no prejudice to Plaintiff in the failure of plaintiff's counsel to object at trial regarding the difference in testimony.  On the contrary, they noted that counsel for Plaintiff indicated it was "strategic and tactical" why no objection was made.  Specifically, Plaintiff's counsel believed that the changed testimony now favored the Plaintiff because the defendant-physician admitted to reviewing data from a clinical trial of the prescribed medication and same was rife with dangerous side effects.  Thus, Plaintiff's counsel believed that Plaintiff's position that the physician must have known the dangers prior to prescribing was supported by the testimony.  However, the jury ultimately denied compensation to the Plaintiff.  The Supreme Court's main focus was on whether or not the change in testimony prejudiced the Plaintiff. Citing to a prior decision named McKenney that the Appellate Division relied upon, the Supreme Court recapitulated that in McKenney the change in testimony was "egregious and clearly prejudicial" while in the matter at bar, the change was "arguably favorable" to the Plaintiff.  Consequently, the jury verdict was affirmed.  (T.L. v. Jack Goldberg, M.D.)

Comments are closed.

    Authors

    Peter J. Vazquez, Jr.
    Jeffrey Heldman

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    August 2022
    April 2022
    March 2022
    February 2022
    January 2022
    July 2021
    April 2021
    March 2021
    February 2021
    December 2020
    June 2020
    May 2020
    April 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019

    Categories

    All
    Business Law
    Construction Law
    Consumer Fraud Act
    Healthcare Law
    Land Use & Zoning
    Real Estate Law

    RSS Feed

Peter J. Vazquez, Jr.
pvazquez@vazquezfirm.com

Office Phone
973-434-7062

Jeffrey Heldman
jheldman@vazquezfirm.com

​Copyright © 2017-2023    ​
  • Home
  • Areas of Practice
    • Business Law & Litigation
    • Construction, Real Estate & Development
    • Healthcare and Pharmacy Law
    • Wills, Trusts, Estates and Administration
  • Contact
  • Blog and Legal Updates