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Expert Analysis

NJ High Court Looks At Liability For Uninsured Physician

Law360, New York (October 20, 2015, 11:10 AM EDT) -- The New Jersey Supreme Court's recent decision in Jarrell v. Kaul is paradoxical.[1] It holds a surgery center liable to a patient harmed by a physician's malpractice — not liable because of the malpractice, but liable because the physician didn't have the malpractice insurance coverage mandated by state law. At the same time, the decision squarely holds that the same physician — the one who violated the insurance mandate — is not liable to the patient for that violation or for failing to disclose the violation....

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