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New Jersey's Highest Court Admits Expert Testimony
The New Jersey Supreme Court, in Creanga v. Jardal, 185 N.J. 345 (2005), recently held that a treating physician's expert testimony on proximate cause is admissible if based on a reasonably conducted differential diagnosis that rules out plausible alternative causes of a plaintiff's injuries. However, a treating physician's expert testimony will be struck as a net opinion when the physician's differential diagnosis is based on subjective beliefs instead of the patient's medical history and diagnostic testing.
The Case
In Creanga, plaintiff Mihaela Creanga sued Lucent Technologies, claiming her automobile accident with a Lucent employee was the proximate cause of the premature labor that led to the death of one of her twin sons. Plaintiff was 36-years-old and 24 weeks pregnant with twin boys at the time of the accident. Two days after the accident, Ms. Creanga experienced vaginal bleeding and contractions, and believed she was in labor. She went to a local emergency room where the emergency room physician confirmed that she was, in fact, in labor. When the emergency room physician could not stop plaintiff's labor, he called her primary care physician, Dr. Faramarz Zarghami. He, too, was unable stop plaintiff's labor. Ms. Creanga then delivered one twin, who died shortly after birth. Following the delivery, Dr. Zarghami was finally successful in stopping plaintiff's labor, allowing the second twin to be born healthy, at full term.
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