Kim April Carnesi

Partner

Kim April Carnesi is a partner in the Newark and New York offices of Lewis Brisbois and a member of the Healthcare Practices. Kim represents and defend physicians (in all specialties), medical groups, and hospitals in all phases of medical malpractice litigation. Kim has a sub-specialty in representing Ophthalmologists.

Kim also represents physicians before state medical licensing boards and hospitals in all phases of premises liability claims, as well as long-term care facilities in general liability and professional liability matters.

Kim counsels individual and institutional clients on Quality Assurance Compliance and Risk Management.

Published Opinions

  • Roca, 51 A.D.2d 757, obtained partial dismissal of certain dates of treatment as not part of continuous treatment;
  • Etienne, 295 A.D.2d 559, whether attending physician is responsible for acts of resident where attending was not involved in care and singed chart in error;
  • Monello, 281 A.D.2d 463, obtained partial dismissal of claims based on non-applicability of continuous treatment doctrine;
  • Carvano, 270 A.D.2d 222, obtained dissmisall against out of possession landlord in claims involveing failure to clear snow and ice, premises liabilty;
  • Murdocca, 265 A.D.2d 537: whether failure to provide discoveyr warranst dismissal;
  • Schenck, 266 A.D. 2d 199: obtained psychiatric IME for defense, where plaintiff objected;
  • Palla, 248 A.D.2d 603, obtained change of venue to better venue.

Professional Presentations

New Jersey Academy of Ophthalmology: Trends in Ophthalmology Malpractice Litigation, September 24, 2021

Admissions

  • State Bar Admissions
    • New Jersey
    • New York
  • United States District Courts
    • United States District Court for the Eastern District of New York
    • United States District Court for the Southern District of New York

Education

Seton Hall Law

Juris Doctor, 1996

Wagner College

Bachelor of Science, 1993

Representative Matters

  • Obtained Summary Judgment/Dismissal for Ophthalmologist, where allegations included failing to diagnose and timely treatment endophthalmitis resulting in loss of an eye;
  • Obtained Summary Judgment/Dismissal for Physician where claims involved failure to properly perform cataract surgery, resulting in blindness;
  • Obtained Dismissal for Surgeon in case involving allegations of negligently proceeding with surgery contraindicated by heart condition, resulting in stroke/death;
  • Obtained summary judgment/dismissal for physician, where claims involved failing to report to MVC that patient had uncontrollable seizures, allegedly resulting in patient having Drivers' license, and striking and killing 3 pediestrians due to having a seizure while driving.
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