New Jersey Supreme Court Justice Faustino Fernandez-Vina. Photo by Carmen Natale.
The state Supreme Court has ruled that there’s no cause for a new trial in a medical malpractice case where a doctor’s pretrial testimony, about whether he relied on a medical journal’s article to prescribe medication that caused adverse effects, differed materially from what he subsequently said on the witness stand.
In T.L. v. Goldberg, the unanimous court on Monday ruled that defense counsel’s failure to disclose that the defendant doctor’s trial testimony differed from his interrogatory answers and deposition testimony, without objection from plaintiff’s counsel, didn’t amount to plain error.
