KEYWORTH v. CareONE AT MADISON

A-17/18 September Term 2023 088410.

319 A.3d 464 (2024)

258 N.J. 359

Madeline KEYWORTH, Plaintiff-Appellant, v. CareONE AT MADISON AVENUE, Ann Duran, RN, and Donald Gelin, LPN, Defendants-Respondents, and Dalia Tadros, MD, Defendant. Suzanne Bender and Jonathan Bender, Co-Executors for the Estate of Diane Bender, and on behalf of the heirs of Diane Bender, Plaintiffs-Appellants, v. Harmony Village at CareOne Paramus, Olga Romaine, RN, Risa Kory, RN, Gelacio Ramirez, RN, and Cecilia Ugwu, RN, Defendants-Respondents.

Supreme Court of New Jersey.

Decided August 5, 2024.


Attorney(s) appearing for the Case

E. Drew Britcher, Glen Rock, argued the cause for appellants (Britcher, Leone & Sergio, attorneys; E. Drew Britcher, of counsel and on the briefs, and Jessica E. Choper, on the briefs).

Anthony Cocca, Morristown, argued the cause for respondents (Cocca & Cutinello, attorneys; Anthony Cocca and Katelyn E. Cutinello, of counsel and on the briefs).

Jonathan F. Lauri, Hamilton, argued the cause for amicus curiae New Jersey Association for Justice (Stark & Stark, attorneys; Jonathan F. Lauri, of counsel and on the brief, and Denise Mariani, on the brief).

Ross A. Lewin, Princeton, argued the cause for amicus curiae New Jersey Hospital Association (Faegre Drinker Biddle & Reath, attorneys; Ross A. Lewin, of counsel and on the brief).

Ryan A. Notarangelo submitted a brief on behalf of amicus curiae New Jersey Defense Association (Dughi, Hewit & Domalewski, attorneys; Ryan A. Notarangelo and Herbert Kruttschnitt, III, of counsel and on the brief).

Michael A. Moroney submitted a brief on behalf of amici curiae Medical Society of New Jersey and American Medical Association (Flynn Watts, attorneys; Michael A. Moroney, of counsel, and Catherine J. Flynn, on the brief).


In this consolidated appeal, we consider whether incident reports and associated documents at issue are privileged under the New Jersey Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25.

In 2004, the Legislature enacted the PSA to minimize medical errors that could harm patients...

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