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  • 5.40M Charges Document PDF
    njcourts.gov
    CHARGE 5.40M ― Page 1 of 1 5.40M EXPRESS WARRANTY (Approved 8/86) Plaintiff also seeks to recover against the defendant(s) on the theory that certain express warranties made by the defendant(s) to the plaintiff have been breached. Such warranties are as …
  • 5.50 Charges Document PDF
    njcourts.gov
    CHARGE 5.50 ― Page 1 of 2 5.50 APPARENT AUTHORITY CHARGE (Approved 6/10) In this case, plaintiff(s) contend(s) that the defendant hospital is liable for the physician’s negligence under a theory of “apparent authority.” Apparent authority arises where a …
  • 5.50A Charges Document PDF
    njcourts.gov
    CHARGE 5.50A ― Page 1 of 5 5.50A DUTY AND NEGLIGENCE (Approved 3/02) In this case, the plaintiff(s), [insert plaintiff(s) name(s)], contend(s) that the defendants], [insert defendant(s) name(s)], was (were) negligent in the diagnosis and [/or] treatment …
  • 5.50B Charges Document PDF
    njcourts.gov
    CHARGE 5.50B ― Page 1 of 4 5.50B COMMON KNOWLEDGE MAY FURNISH STANDARD OF CARE (Approved 3/02) Negligence is the failure to comply with the standard of care to protect a person from harm. Negligence in a doctor's medical practice, which is called …
  • 5.50C Charges Document PDF
    njcourts.gov
    CHARGE 5.50C ― Page 1 of 5 5.50C INFORMED CONSENT (Competent Adult and No Emergency)1, 2 (Approved 10/00; revised 3/02) A doctor must obtain the patient's informed consent before the doctor may treat or operate on the patient.3 The doctor has a duty to …
  • 5.50E Charges Document PDF
    njcourts.gov
    CHARGE 5.50E — Page 1 of 9 5.50E PRE-EXISTING CONDITION — INCREASED RISK/LOSS OF CHANCE — PROXIMATE CAUSE (Approved 10/2014; Revised 03/2021) NOTE TO JUDGE In a series of cases, including Fosgate v. Corona, 66 N.J. 268 (1974); Evers v. Dollinger, 95 N.J. …
  • 5.50F Charges Document PDF
    njcourts.gov
    CHARGE 5.50F ― Page 1 of 7 5.50F WRONGFUL BIRTH AND LIFE (Updated)1 (Approved 7/02) NOTE TO JUDGE In Canesi v Wilson, 158 N.J. 490 (1999), the Supreme Court mandated that an informed consent charge be given in every wrongful birth case. The standard for …
  • 5.50G Charges Document PDF
    njcourts.gov
    CHARGE 5.50G ― Page 1 of 2 5.50G MEDICAL JUDGMENT1 (06/2014) 1 If a case does not involve a legitimate judgment call or two schools of thought, then the trial judge should omit this portion of the charge. In Velazquez v. Portadin, 163 N.J. 677 (2000), the …
  • 5.50H Charges Document PDF
    njcourts.gov
    CHARGE 5.50H ― Page 1 of 3 5.50H ALTERATION OF MEDICAL RECORDS1 (Approved 7/02) Physicians have a duty to ensure that all treatment records accurately reflect the treatment or services rendered.2 Corrections or changes to entries may be made only where …
  • 5.50I Charges Document PDF
    njcourts.gov
    CHARGE 5.50I ― Page 1 of 3 5.50I FRAUDULENT CONCEALMENT OF MEDICAL RECORDS1 (Approved 7/02) Upon request, physicians have a duty to provide a patient or a patient's representative with a true, unaltered and complete copy of all treatment records for any …
  • 5.51A Charges Document PDF
    njcourts.gov
    CHARGE 5.51A ― Page 1 of 10 5.51A LEGAL MALPRACTICE (Approved 06/1979; Revised 10/2022) NOTE TO JUDGE The elements of a legal malpractice action are “(1) the existence of an attorney-client relationship creating a duty of care by the defendant attorney; …
  • 5.51B Charges Document PDF
    njcourts.gov
    CHARGE 5.51B ― Page 1 of 3 5.51B PROXIMATE CAUSE IN LEGAL MALPRACTICE INVOLVING INADEQUATE OR INCOMPLETE LEGAL ADVICE (Approved 01/1997; Revised 01/2025) NOTE TO JUDGE “The issue of causation is ordinarily left to a factfinder[,]” but a court can remove …
  • 5.52 Charges Document PDF
    njcourts.gov
    CHARGE 5.52 ― Page 1 of 7 5.52 PROFESSIONAL LIABILITY OF AN ARCHITECT/ENGINEER (Approved 11/95) A. General Duty Owing In this action plaintiff contends that defendant was negligent because he/she did not comply with the standard of care that the law …
  • 7.10 Charges Document PDF
    njcourts.gov
    CHARGE 7.10 — Page 1 of 1 7.10 CONTRIBUTORY NEGLIGENCE (Approved 5/91) NOTE TO JUDGE Causes of action in negligence arising on and after August 22, 1973 are governed by the comparative negligence statute N.J.S.A. 2A:15-5 et seq. That statute changed the …
  • 7.11 Charges Document PDF
    njcourts.gov
    CHARGE 7.11 — Page 1 of 4 7.11 CARE REQUIRED OF CHILDREN (Approved 5/91) A. In General (7 years and Older) A child, old enough to be capable of negligence, is required to act with the same amount of care as children of similar age, judgment and …
  • 7.12 Charges Document PDF
    njcourts.gov
    CHARGE 7.12 — Page 1 of 3 7.12 DUTY OF PASSENGER IN AUTOMOBILE (Approved 5/91) A passenger in an automobile must act with the same amount of care and caution for her/his own safety as an ordinary careful person would exercise under like circumstances. A …
  • 7.13 Charges Document PDF
    njcourts.gov
    CHARGE 7.13 — Page 1 of 2 7.13 NEGLIGENCE – INTOXICATION (Approved 5/91) A. In General A person who voluntarily has become intoxicated is required to act with the same care as a person who is sober. So long as such a person who is voluntarily intoxicated …
  • 7.14 Charges Document PDF
    njcourts.gov
    CHARGE 7.14 — Page 1 of 1 7.14 NEGLIGENCE — EFFECT OF PHYSICAL IMPAIRMENT (Approved 5/91) A person with a physical impairment is required to act with the same degree of care as an ordinary careful person with a similar impairment or disability would have …
  • 7.15 Charges Document PDF
    njcourts.gov
    CHARGE 7.15 — Page 1 of 2 7.15 NEGLIGENCE - CARE REQUIRED OF PEDESTRIAN ON SIDEWALK (Approved 5/91) A. In General A pedestrian using the sidewalk must act with the same amount of care for her/his own protection as a reasonably careful person would have …
  • 7.16 Charges Document PDF
    njcourts.gov
    CHARGE 7.16 —Page 1 of 3 7.16 APPORTIONMENT WHERE THE ACTS, OR INACTIONS, OF AN INDIVIDUAL OR ENTITY SUBSTANTIALLY CONTRIBUTED TO THE ALLEGED HARM (Approved 10/1991; Revised 09/2018) In this case, [one party] alleges that the acts of [individual or entity …