Nicholas v. Mynster
213 N.J. 463
| N.J. | 2013Background
- Edward Nicholas suffered acute carbon monoxide poisoning in April 2005 after exposure to noxious fumes; treated in SJH ER by Dr. Mynster (emergency medicine) and Dr. Sehgal (family medicine).
- Nicholas ultimately had brain damage and other injuries from CO poisoning; suit against Mynster, Sehgal and others for medical negligence was filed March 29, 2007.
- Affidavits of merit were submitted by Dr. Weaver (internal medicine with hyperbaric and preventive medicine) and Dr. Doghramji (emergency medicine) asserting deviation from standard of care.
- Trial court allowed Weaver to testify, determining his expertise related to treatment course; Appellate Division denied leave to appeal; defendants sought review by Supreme Court.
- N.J.S.A. 2A:53A-41 requires expert testimony to be by a specialist in the same ABMS specialty as the defendant, or by a hospital-credentialed or equivalent specialist; hospital credentialing alone does not substitute for same-specialty credentials.
- Court held that Weaver was not in the same specialty as either defendant (emergency or family medicine) and hospital credentialing does not override the same-specialty requirement; therefore Weaver cannot testify and should have been barred; summary judgment for defendants ensued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Weaver may testify under Patients First Act | Weaver credentialed by hospital to treat CO poisoning qualifies regardless of specialty | Act requires same specialty or proper board-certification equivalent for the defendant's specialty | Weaver barred; same-specialty requirement applies; summary judgment for defendants |
Key Cases Cited
- Khan v. Singh, 200 N.J. 82 (2009) (post-2004 Act applies; enhanced-qualification rules noted)
- Buck v. Henry, 207 N.J. 377 (2011) (three-category framework for expert credentials; equivalency rule)
- Ryan v. Renny, 203 N.J. 37 (2010) (statutory standards generally require equivalently qualified experts)
- Lomando v. United States, 667 F.3d 363 (3d Cir.2011) (hospital-credentialing as substitute for board certification, not for specialization)