One Trial Only Over Who Caused Loss in Medical Malpractice Case

Medical malpractice plaintiffs who lost their suit are only entitled to a single trial over whether the loss was caused by their expert medical witness’s last-minute withdrawal or their attorney’s negligence, a federal court in New Jersey said.

Interests of judicial economy wouldn’t be served by bifurcating or severing the claims raised in the latest lawsuit to emerge from Patricia Grieco’s death following bariatric lap band surgery, the U.S. District Court for the District of New Jersey said.

Grieco underwent lap band surgery in 2007. She experienced pain after the procedure and complained to her surgeon, Hans Schmidt. The doctor ...