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Aaron provides legal counsel to attorneys, accountants, real estate agents, home inspectors, home appraisers, insurance brokers, and other professionals. Aaron has strong experience representing insurance brokers throughout Pennsylvania and Delaware, including complex claims involving issues concerning duty of care, policy interpretation, whether alternative policies were available, and claims with nuanced statute of limitations issues. He handles a variety of claims including, but not limited to, legal and accounting malpractice, wrongful use of civil process, commercial litigation, negligence, breach of contract, municipal liability, and civil rights matters.  Aaron is also experienced in consumer financial services litigation and compliance, particularly representing attorneys and agencies in debt collection practices.

Outside of his professional liability practice, Aaron is also an experienced litigator, defending clients in matters involving premises liability, land use, automobile liability, intellectual property and employment law.

Aaron is a 1987 graduate of Millersville University. Following graduation, he taught grades six through eight in the School District of Philadelphia for 12 years. During that time, he earned a Master's Degree in Education from Temple University. While teaching, Aaron attended evening classes at the Beasley School of Law at Temple University where he made the Dean's List and earned honors in Trial Advocacy and Research and Writing. Aaron began his legal career as an associate with a Blue Bell, Pennsylvania law firm, where he primarily focused on defending Pennsylvania municipalities in areas of civil rights law, premises liability, land use and automobile liability.

Aaron has received an AV® Preeminent rating by the Martindale Hubbell.

    • Temple University Beasley School of Law (J.D., 2003)
    • Temple University (M.A., 1995)
      • El. Ed.
    • Millersville University of Pennsylvania (B.A., 1987)
    • Pennsylvania, 2003
    • U.S. District Court Eastern District of Pennsylvania, 2006
    • U.S. District Court Middle District of Pennsylvania, 2016
    • Delaware, 2020
    • U.S. District Court District of Delaware, 2021
    • Top Lawyer, Legal Malpractice, Delaware Today (November 2024)
    • AV® Preeminent™ by Martindale-Hubbell®
    • Claims & Litigation Management Alliance (CLM)
    • Philadelphia Bar Association
    • Professional Liability Defense Federation
    • Proving a Case Within a Case in Legal Malpractice Actions, PLDF Annual Meeting, September 2018
    • Developments in Lawyer Liability in Pennsylvania & New Jersey, client seminar, March 2017 
    • Professional Liability - Issues for Attorneys, client seminar, June 2016
    • Virtual Law Office and Interstate Practice of Law, National Business Institute, April 2015
    • Aaron has been invited to speak to the Pennsylvania Institute of Certified Public Accountants as well as the Pennsylvania Home Inspector Association. Aaron has also given presentations to insurance companies concerning developments in legal malpractice law.
    • "LPL Claims Without Privity: Support for a Bright Line Rule", Professional Liability Defense Quarterly, Fall 2018
    • "Proving The 'Case-Within-A-Case' Standard," For The Defense, April 2018
    • "Demonstrative Evidence at Trial", Pennsylvania Civil Trial Practice, 2017, 2018, Reviewing Author 
    • "Common Evidentiary Issues at Trial", Pennsylvania Civil Trial Practice, 2017, 2018
    • "Responsive Pleadings", Pennsylvania Civil Pre-Trial Practice, 2017, 2018, Reviewing Author
    • Pennsylvania Legal Malpractice Handbook, 2017 Edition2019 Edition, Published by Marshall Dennehey Warner Coleman & Goggin, Co-author 
    • "Pennsylvania Supreme Court Rejects Constitutional Challenge to the Dragonetti Act," Defense Digest, Vol. 23, No. 2, June 2017
    • "An Argument Against Imposing Liability Against Attorneys for Aiding and Abetting Their Client's Breach of Fiduciary Duty Under Pennsylvania Law," Defense Digest, Vol. 17, No. 4, December 2011
    • "Former Phillies Tyler Green Thrown a Curve on Appeal for Legal Fees," Defense Digest, September 2007
    • "Medical Malpractice Plaintiff's Motion for Relief from Judgment of Non Pros Lacks Merit," Defense Digest, March 2007
    • Regular contributor to MDWC&G Case Law Alerts.
    • Successfully obtained dismissal of claims brought derivatively and directly by a corporation, including aiding and abetting breach of fiduciary duty and tortious interference with contract. The claims were brought against our client, an out of state attorney who previously represented the corporation and its former director. The Court granted the attorney’s Motion to Dismiss, concluding that the plaintiffs failed to sufficiently allege facts that would confer personal jurisdiction over the attorney under a conspiracy theory.
    • Successfully obtained dismissal of wrongful use of civil proceedings claims brought against our clients, two attorneys who were alleged to have wrongfully prosecuted a professional negligence claim against the plaintiff, a real estate agent. The plaintiff would not accept any settlement that was less than policy limits. After five years of litigation, the Court granted the attorney defendants’ summary judgment motion, concluding that the plaintiff failed to adduce facts that would reflect that the attorneys prosecuted the for obtaining dismissal of wrongful use of civil proceedings claims brought against our clients, two attorneys who were alleged to have wrongfully prosecuted a professional negligence claim against the plaintiff, a real estate agent. The plaintiff would not accept any settlement that was less than policy limits. After five years of litigation, the Court granted the attorney defendants’ summary judgment motion, concluding that the plaintiff failed to adduce facts that would reflect that the attorneys prosecuted the underlying action in a grossly negligent manner, or without probable cause. The Court also held that the plaintiff was unable to demonstrate that the underlying lawsuit was prosecuted for an improper purpose.
    • Successfully defended a home inspector before the Delaware Division of Professional Regulation. The Claimants sought disciplinary action against our client in connection with his inspection of their home. We were able to persuade the Division that the complained of defects at the property were not subject to inspection because they were not visible at the time of inspection. The Division weighed all concerns involved in the matter and on November 1, 2023, it concluded that the facts did not reflect a violation of the laws, rules, and regulations that governed the activities of the licensed professional.
    • A unanimous jury found in favor of our clients, a lawyer and his law firm in a legal malpractice case arising out of the lawyer’s drafting of a postnuptial agreement. The postnuptial agreement was invalidated by a family court judge, causing the husband to lose approximately $1.2 million as part of a subsequent property separation agreement. The jury considered testimony from the plaintiff’s ex-wife which reflected that she had signed the agreement under duress and concluded that the plaintiff could not demonstrate that the postnuptial agreement was invalidated as a result of anything the lawyer did.
    • Plaintiff claimed that estate attorneys misinterpreted stock restriction agreement causing Plaintiff's husband's estate to lose in excess of $1 million.  Court held that agreement was properly interpreted by attorneys
    • Attorney prosecuted civil rights claim on behalf of mother of son who was shot and killed by a Philadelphia police officer while unarmed and posing no threat to the officer.  Mother of decedent served as administrator of estate and retained proceeds of settlement.  Decedent allegedly had two children who should have received the proceeds.  Attorney sued by children's mother on their behalf. Plaintiff's minor children made $1 million settlement demand  just prior to the court's dismissal of the claims. 
    • Plaintiff claimed that his attorney failed to properly prosecute his workers' compensation claim causing his benefits to be discontinued.  Plaintiff's claims dismissed by way of summary judgment motion.
    • Buyers of real property sued real estate agent for seller, claiming misrepresentations regarding use of the property.  Claims dismissed by way of summary judgment motion.
    • Success in getting a number of legal malpractice cases dismissed promptly by way of preliminary objections. In such cases, the Plaintiff failed to allege facts that, even if true, could yield liability as to our client.
    • Success in getting a number of legal malpractice cases dismissed upon the filing of motions for non pros as a result of opposing counsel's failure to comply with the Pennsylvania Rules of Civil Procedure.
    • Summary judgment and motions to dismiss granted on behalf of a number of clients. In one recent case, the plaintiff claimed that our attorney client was liable to him for wrongful use of civil proceedings and was seeking in excess of $3 million in damages. Upon the filing of a Motion for Summary Judgment, the court dismissed our client, finding no liability whatsoever.
    • Success in defending clients at arbitration hearings and bench trials, including cases involving alleged home inspector liability and insurance subrogation claims.

Results

One Month – 4 Outstanding Results! Aaron Moore Obtained Four Successful Results on Behalf of Clients in the Span of One Month

Defense verdict on behalf of a real estate broker and agent. The plaintiffs, homebuyers, claimed that the sellers’ broker and agent were liable to them for the value of fixtures that were taken by the sellers when they vacated the property, which were alleged to have been included in the sale. At a bench trial, the judge determined that neither the broker nor the agent could be held liable to the plaintiffs because the representations regarding what was included in the sale were made by the sellers. Supreme Court affirmance of dismissal of a complex legal malpractice lawsuit. Aaron and Carol Vanderwoude obtained a Delaware Supreme Court affirmance of the trial court’s dismissal of a complex legal malpractice claim. The plaintiffs, seven affiliated companies and their owners in the business of developing property, had been sued by their bank for defaulting on multiple lines of credit. The bank filed multiple lawsuits against the property developers, claiming approximately $7 million in damages, plus attorneys’ fees, which were recoverable pursuant to the terms of the promissory notes. The property developers retained our client to defend the lawsuits, asserting that the amounts claimed to be owed to the bank were significantly overstated. Our client vigorously defended the bank’s underlying lawsuits. Ultimately, the property developers settled the bank’s lawsuits for the entire amount owed, plus interest and the bank’s legal fees. The developers argued that its attorneys should have advised them to settle the bank’s claims after the lawsuits were commenced and that, if they had done so, they would not have had to pay the bank’s legal fees, our client’s legal fees, or expert witness fees, or the additional interest on the loan. The property developers also claimed that not settling with the bank earlier caused them lost business opportunities valued at nearly $1 million. The plaintiffs’ legal malpractice claims were dismissed because their expert witness, a Maryland attorney with no business litigation experience, was not qualified to serve as an expert and because their damages claims were speculative. Motion to dismiss in complex matter involving claims of fraud, misappropriation of trade secrets, tortious interference with contractual relations, and piercing the corporate veil. The plaintiff, an investment fund, had purchased a business that was controlled and primarily owned by our client. The business ultimately went bankrupt, and the plaintiff claimed that the purchase was premised upon misrepresentation by our client. The plaintiff maintained that jurisdiction in Delaware was proper pursuant to the Asset Purchase Agreement. The District Court was persuaded by arguments reflecting that it lacked personal jurisdiction over our client, a citizen of Canada, even though he signed the Asset Purchase Agreement which included language conferring jurisdiction over claims arising from the sale in Delaware. The court agreed that our client did not sign the agreement in his individual capacity, and the plaintiff’s piercing the corporate veil allegations were insufficient to confer personal jurisdiction. Dismissal of an unjust enrichment claim. Obtained dismissal of an unjust enrichment claim brought by a condominium unit owner against the attorneys who represented her condominium association. The unit owner claimed that the law firm was liable to her for unjust enrichment in connection with legal fees it received from the association for legal services provided in efforts to collect on past due assessments owed by the unit owner. Pursuant to the association’s governing documents, the charges were passed on to the unit owner. The court agreed that the fees that were paid to our client by the condominium association were properly earned.

Unanimous Appellate Decision Preserves Defense Win in Legal Malpractice Suit

We successfully defended an appeal from a jury verdict previously secured by members of our Lawyers’ Professional Liability Department in favor of the firm’s client in a legal malpractice case. The plaintiffs initially asserted multiple tort claims and a claim under the Unfair Trade Practices and Consumer Protection Law, which were dismissed by the trial court upon partial grant of the defense’s motion for judgment on the pleadings. The case proceeded to trial on a remaining breach of contract claim, resulting in a defense verdict. On appeal, the plaintiffs challenged the trial court’s rulings on both the motion for judgment on the pleadings and a motion in limine related to evidentiary exclusions. The Pennsylvania Superior Court unanimously affirmed the trial court’s rulings, holding that the tort claims were time-barred and that the plaintiffs had waived their evidentiary argument by failing to properly develop it in their appellate brief.

Thought Leadership

Case Law Alerts

Delaware Superior Court Addresses Continuous Representation Doctrine in Legal Malpractice Case—But Was It Really Applied?

January 1, 2026

In what the court stated was a matter of first impression, the Delaware Superior Court applied the “continuous representation doctrine” in a legal malpractice case. In this case, the plaintiff claimed that his attorneys did not take any meaningful action to prosecute his underlying lawsuit and failed to sufficiently communicate with him. The court dismissed the underlying action sua sponte for failure to prosecute. The plaintiff maintained he first learned that his underlying claims had been dismissed by the Superior Court 18 months after the dismissal. He then commenced his legal malpractice action more than three years after the dismissal. The defendant attorneys moved to dismiss the malpractice claims based on Delaware’s three-year statute of limitations, which, under the occurrence rule, began to accrue at the time of dismissal of the underlying action. The court held that the continuous representation doctrine was applicable because the “cause of action conceivably accrued at some point after the court dismissed the underlying suit” because the attorneys failed to take efforts to reopen the judgment. It appears that the Delaware Superior Court has conflated the “continuous representation doctrine” with the concept of continued negligence. There are some jurisdictions that recognize the continuous representation doctrine, which provides that a legal malpractice cause of action accrues at the end of the underlying representation, irrespective of when the negligence occurred during the representation. Delaware, however, follows the “occurrence rule,” which, in the absence of equitable tolling, provides that a cause of action accrues at the time of the alleged negligence. Here the court properly concluded that the cause of action could be deemed to have accrued after the dismissal of the underlying claims if the plaintiff could demonstrate continued negligence after the dismissal. The court’s use of the phrase “continuous representation doctrine,” however, could lead to confusion as to whether that doctrine is actually applicable in Delaware. The court entertained a motion for re-argument and issued a second opinion, where it made clear that the plaintiff’s claims were not time barred because of allegations of continued negligence. The second opinion did not reference the “continuous representation doctrine”; however, it did not specifically clarify that the doctrine was not applicable.

Case Law Alerts

Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel

October 1, 2025

The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral estoppel doctrine.  The plaintiffs, previously claimants in an underlying class action case as parents of an injured minor child, brought the legal malpractice claim against class counsel, claiming that counsel was negligent by failing to advise them to affirmatively opt out of the class in order to pursue an individual claim, given the nature and extent of the child’s injuries.  The Delaware Supreme Court affirmed the Superior Court’s determination that the claims administrator’s decision in the underlying class action was a final adjudication on the merits by a court of competent jurisdiction as the claim process was an approved process set up by the court in the underlying action.  The collateral estoppel doctrine, often called “issue preclusion,” is a doctrine that prevents a party from re-litigating an issue of fact or law that has already been resolved in a prior proceeding. It is intended to promote finality, conserve judicial resources, and protect parties from the burden of duplicative litigation.   Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.

Thought Leadership

SIDEBAR: News and Happenings

We are pleased to share that attorneys from our health care team have been selected to the 2026  New Jersey and Pennsylvania Super Lawyers and Rising Stars lists. Their dedication to clients and commitment to high-quality work continues to strengthen our firm! Please join us in congratulating: NJ Super Lawyers: Robert T. Evers and Justin F. Johnson NJ Super Lawyer Rising Stars: Nataliana A. Guida  2026 Pennsylvania Super Lawyers: Alyson J. Kirleis and Gary M. Samms 2026 Pennsylvania Rising Stars: Holli K. Archer and Daniel Dolente Victoria Scanlon (Scranton) was a faculty presenter at the 2026 American Roentgen Ray Society (ARRS) Annual Meeting in Pittsburgh. She participated in the “Resident Symposium: Producing Quality Reports,” focusing her presentation on “How to Write a Great Report: Malpractice Lawyer’s Perspective.” Vicky, the only attorney presenter for this two-hour segment, was joined by several health care professionals including diagnostic radiologists, an interventional radiologist, an internal medicine physician, and a radiologist turned AI entrepreneur expert.  Matthew Keris (Scranton), President of the Pennsylvania Association for Health Care Risk Management (PAHCRM) and shareholder in our Scranton Health Care Department, presented an important and timely session titled “Keynote Address: A Conversation with RaDonda Vaught on Criminalizing Errors” at PAHCRM’s Annual Meeting in April. RaDonda is a former Tennessee nurse widely known for being criminally convicted in 2022 of negligent homicide and gross neglect after a 2017 fatal medication error at Vanderbilt University Medical Center. Her case gained national attention because she was criminally prosecuted rather than just facing licensing board action, sparking debate over blaming individual nurses for systemic healthcare failures. Matt and RaDonda’s conversation explored one of the most consequential issues in health care risk management today—how systems respond to human error, and what it means for patient safety, accountability, and the professionals who serve on the front lines. Gary Samms was a panelist for a podcast hosted by the Medical Liability Monitor, “From Outliers to Pattern: The Increasing Predictability of Megaverdicts in the Med-Mal Industry – and How to Reduce the Likelihood of Getting Hit with One.” Gary discussed the changing megaverdict landscape and why “outlier” verdicts are becoming structural, in addition to how plaintiffs turn weaknesses into megaverdicts (including building emotional narrative and jury psychology). Thank you to our clients who joined us for our Trends in Health Care & Health Law seminar on May 14. Led by our Health Care Department Director and Assistant Director, Robin Snyder and Donna Modestine, the session explored key issues that are currently shaping outcomes in health care litigation. We owe a debt of gratitude to our esteemed guest speaker, Mary Ellen Nepps, Esq., Senior Counsel, University of Pennsylvania, who presented “Medical Malpractice Litigation: Driving Another Health Care Crisis in Pennsylvania.” And special thanks to our attorneys who presented and shared their insights, including John J. Hare and Holli Archer who discussed “Highlights in PA Medical Malpractice Law;” David Drake for his presentation, “From Claims to Courtroom: Key Trends in NJ Medical Malpractice Litigation;” and Matthew Keris with an “Update on Health Care Tech Discovery.” Thank you to all of our clients for entrusting us with your health care litigation. We are proud to partner with you as we defend your interests and navigate legal landscapes together.

Thought Leadership

Casual Care, Serious Consequences: How Informal Prescribing Can Trigger Medical Board Scrutiny

The lesson for health care practitioners is that regular review of the regulatory requirements can ensure compliance and that casual prescribing may be in violation of state regulations if the necessary components are not met. Consider the following scenario: in December 2025, a medical provider renewed a prescription for a long-standing telemedicine patient receiving a Schedule II controlled dangerous substance. This was not a violation of the New Jersey Administrative Code. Another provider doing the same action for an equally situated patient in March 2026 would be in violation. The casual prescriber who is not aware of newer regulatory requirements may have a more difficult time responding to a medical board complaint. Medicine is a highly-regulated helping profession. Without addressing the merits of this regulatory burden, the practice of medicine continues to see drastic changes impacting the everyday life of patient and provider. Telemedicine, COVID-19, and other advances and roadblocks, present a challenge to those saving lives while attempting to comply with the rules of practice. Physicians often discover—through real cases and the lens of regulatory expectations—that even well-intentioned informal help can be reinterpreted as stepping outside mandated professional boundaries, and seemingly harmless actions can be construed as deviations from required practice standards specifically outlined in Title 13, Chapter 35, Subchapters 7.1A of the New Jersey Administrative Code. Title 45, "Professions and Occupations," of the New Jersey code governs the practice of medicine, nursing, optometry, pharmacy, and many other professional occupations. Section 9 specifically addresses the state board of medical examiners and allows for the creation of rules and regulations in Section 45:9-5.3. These regulations can be found in the New Jersey Administrative Code Title 13, Chapter 35. While broad in scope, Chapter 35 contains a subchapter dedicated to the administration and dispensing of prescription drugs. Such knowledge will arm physicians with the tools they need to prevent a negative outcome if a medical board complaint is filed. Likewise, attorneys must be familiar with these regulatory requirements when advising and defending providers. In New Jersey, N.J.A.C. Section 13:35-7.1A(a) requires that a practitioner conduct an examination and appropriately document the same within the medical record before dispensing drugs or issuing prescriptions. The examination must include an "appropriate history and physical examination," a diagnosis based upon the examination and any testing consistent with good medical care, the formulation of a therapeutic plan discussed with the patient, and the availability of appropriate follow-up care. There are only six exceptions to this requirement: In admission orders for a newly hospitalized patient For a patient of another physician for whom the practitioner is taking calls For continuation medications on a short-term basis for a new patient prior to the patient's first appointment For an established patient who, based on sound medical practice, the physician believes does not require a new examination before issuing a new prescription For a patient examined by a healthcare professional who is in collaborative practice with the practitioner When treatment is provided by a practitioner for an emergency medical condition Emergencies are also limited to situations where someone's health is in serious jeopardy, there is serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. During the COVID-19 pandemic, then New Jersey Governor Phil Murphy issued an executive order declaring a public health emergency and a state of emergency that allowed authorized prescribers to prescribe Schedule II controlled dangerous substances via telemedicine. The order was terminated when he left office earlier this year and the state reverted to the requirement of an initial in-person examination and quarterly in-person visits. With this return to prior regulatory requirements, practitioners subject to the jurisdiction of the board of medical examiners may benefit from a refresher on the regulatory limitations on their practice now that the pandemic-era flexibilities have ended. This new requirement may create confusion for prescribers and lead to casual prescribing of medication in violation of the regulations, even in the setting of recurrent telemedicine appointments as noted in the example above. Casual prescribing can take many forms: filling a prescription request from a friend or family member without an examination or contemporary medical record; using telemedicine to expand your practice without proper in-person appointments or documentation in the medical record; failing to ensure appropriate follow-up care for a "one time" prescription; etc. Although not all board complaints end in a publicly available opinion, serious deviations from regulatory requirements can shine a light on practices that will require action by the board if a complaint is received. Consider the following cases: In October 2025, the board issued a final consent order in an administrative action where a doctor provided opioids without examination and his license was permanently revoked. In re Robert Dela Gente, D.O., N.J. State Bd. of Med. Exam'rs Oct. 21, 2025. Criminal charges were filed (though that is not always the case). In a September 2025 consent order, a physician was reprimanded for "prescribing opioids several months in advance without the proper patient follow-up..." and explained that they did so for "patients who can not pay for multiple visits to refill medications." In re A/an E. Schultz, M.D., N.J. State Bd. of Med. Exam'rs Sept. 25, 2025. Another physician was suspended and placed on probation in a consent order for prescribing three patients the weight-loss medication "Ozempic" via text messages through a website called "Push Health" and without any further communication with the patients or taking a medical history. In re Laura E. Purdy, M.D., N.J. State Bd. of Med. Exam'rs Aug. 29, 2025. A June 2025 interim consent order required a "full evaluation and assessment of [a physician's] general knowledge and skill, with specific emphasis on his knowledge of and ability to safely prescribe [controlled dangerous substances]" due to his failure to review a patient's prior medical history and medical record, assess and review the prescription monitoring program before prescribing CDS, and conduct random urine screens on a patient that tested positive for CDS upon admission to his practice because "he trusted the patient." In re Donald Oh, M.D., N.J. State Bd. of Med. Exam'rs June 2, 2025. Each of these examples demonstrate a failure to follow strict procedure regardless of the intention. Failing to follow procedure secondary to good intentions, such as considering a patient's financial constraints, trust in the patient, or utilizing a new telemedicine service platform, will not be a defense to a board complaint. Especially when practicing via telemedicine, practitioners must ensure they are adhering to the appropriate regulatory standard. A provider who calls in a prescription for a traveling friend or family member or agrees to prescribe medication for individuals using the newest phone app will have a hard time meeting the requirements of N.J.A.C. Section 13:35-7.1A. Even if a history was taken, a "therapeutic plan" was created, and "follow up care" was provided, the prescriber would still not be in compliance with the regulation without an in-person examination. In our opening hypothetical, the prescriber's behavior did not change between December and March; however, the legal shift in the regulatory landscape made once acceptable behavior a violation as a required examination did not occur. When complaints are made with regard to informal prescribing, the board has discretion to employ measures to encourage compliance in lieu of formal proceedings such as a private, written warning; suspending fines subject to continuing compliance; medical or professional treatment as may be necessary; medical or diagnostic testing and monitoring; skills assessment; corrective training; participation in outreach programming; or contribution to the consumer fraud protection fund. The lesson for health care practitioners is that regular review of the regulatory requirements can ensure compliance and that casual prescribing may be in violation of state regulations if the necessary components are not met. Even compliant providers who had not conducted an in-person examination for telemedicine patients during the COVID-19 emergency would be in violation of the regulations as of January 2026 for the same practice. Practitioners should be diligent in adhering to the prescribing rules to avoid sanctions related to casual care. Likewise, attorneys advising or defending practitioners before the board must be aware of the in-person examination requirements for prescribing in New Jersey whether the care in question took place in-person or in a telemedicine setting. Reprinted with permission from the April 22, 2026 issue of the New Jersey Law Journal. ©2026 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.