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Emotional distress injury caused by medical malpractice must be supported by expert testimony

Sophia Soraya

December 1, 2021

Emotional distress injury caused by medical malpractice must be supported by expert testimony

New Jersey Appellate Division upheld the dismissal of a claim for medical malpractice because the claimed emotional distress injury was not supported by expert testimony. The Court ruled that unless the claim involved “intentional conduct” or had other special circumstances that created “an especial likelihood of genuine and serious mental distress”, the claim could not proceed without supporting expert testimony.  Clark v. Nenna, 465 N.J. Super. 505 (App. Div. 2020).

If you have a New Jersey medical malpractice claim involving emotional distress injuries, it is crucial that your attorney knows what he/she must prove to win your case.  Our qualified attorneys regularly engage experts in various fields to support damages claims on behalf of injury victims.

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