New Jersey Medical Malpractice Legal Questions

I'm so sorry you have been through all of this. To answer your question, the statute of limitations on medical malpractice matters in New Jersey is typically two years from the date you knew or should have known malpractice occurred. If you didn't have any indication that the surgeon had committed malpractice all those years and only found out in 2019, you may still be able to pursue a claim, but an attorney will need more details from you to be able to determine for sure if that is how the statute will be interpreted in your situation. In any case, it would be in your best interest to reach out to a lawyer sooner rather than later. I know two years may sound like a long time, but please keep in mind that this is two years to file a lawsuit, not two years to find a lawyer. You want to make sure that you hire your attorney early enough to give him or her plenty of time to thoroughly investigate and build your case and commence the process of filing a lawsuit, so you don't want to wait until that deadline gets close.  Your situation sounds really complex, so when you reach out to a lawyer, you should expect to go over in more detail what occurred on what dates and which medical providers were involved. If it sounds based on this discussion that you are likely to have a case, the attorney you contact will want to look at your medical records and have them reviewed by a medical expert, who is a doctor. Only then will a lawyer be able to help you understand what options you may have with regard to pursuing a medical malpractice case.  One more thing you should know: talking to a lawyer won't cost you anything. Most law firms that handle medical malpractice issues in New Jersey (including my law firm, Console and Associates) offer free consultations for situations like yours and, if we end up representing you in a medical malpractice claim, work on a no-win, no-fee basis.  I hope you are able to get the legal and medical help you need. Good luck. ... Read Answer

I am so sorry you have been through such a terrible ordeal. While a lawyer would need a lot more information to tell you whether you have a good medical malpractice case, it is clear that the harm you have suffered is very serious. I would suggest that you reach out directly to an attorney so that you can discuss the specifics of your situation in more detail. (You should do this privately, not on a public website like this one.)  The reason you need to speak with an attorney in more detail to get your questions answered is because medical malpractice situations are so complex that determining whether negligence occurred requires a thorough review of your medical treatment and records. Infections can be caused by medical malpractice, but they can also occur without malpractice happening. Whether there is evidence that your infection began with malpractice depends on what an attorney -- and a medical expert -- find documented in your medical records. Additionally, many strokes are preventable, and experienced medical malpractice lawyers may be able to demonstrate that negligence caused your strokes -- but again, your medical records would be needed to find out if your strokes were preventable.  As far as what to expect when you speak to a lawyer, you should know that an initial consultation about a medical malpractice matter shouldn't cost you anything. You also shouldn't have to pay anything upfront for legal representation, because most NJ law firms that handle this type of case (including mine, Console and Associates) work on what's called a contingency fee basis. This means you only pay if you win, and only a percentage of what your attorney gets for you.  I hope this helps. Best of luck with the claim and with getting well after such an ordeal. ... Read Answer

Obviously, if your husband had a serious stroke within days of his discharge you have good reason to question whether he received thorough and appropriate care. To know whether you have a viable cause of action, an attorney will have to secure the pertinent medical records and eventually have them evaluated by an expert.  Below are some articles you may find helpful.  Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.  Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

It is inappropriate for a therapist to engage in sexual relations with a patient and so the short answer is that you probably have a medical malpractice case. The question is whether it is financially viable. What often happens in these cases is that the insurance carrier denies coverage for the claim because the therapist engaged in intentional conduct and malpractice insurance usually only applies to negligent (but unintentional) acts. Sometimes you can overcome this problem by going after the practice of the therapist under the theory that the practice should have known that the therapist was engaging in these kinds of activities.  Whether you have a financially viable case or not, you should at the very least report the therapist to the appropriate licensing authority, but wait until after you have had a chance to speak with an attorney before you do that.  Below are some articles you may find helpful.                 Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

If your sister had an allergic reaction to morphine and the hospital was on notice that she was allergic to the medication, then obviously you have reason to suspect she receieved negligent care and there is reason to investigate a medical malpractice case. The same can be said about your suggestion that they gave her too much insulin causing her blood sugar to drop.  To know whether yoou have a viable medical malpractice case, an attorney needs to obtai the relevant medical records, review them and then submit them to an expert. Medical malpractice attorneys take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com. ... Read Answer

Ordinarilly, the statute of limitations is two years from the date of malpractice, but there are equitable exceptions to the law, including mental incompetence.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.              Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

It sounds like you received negligent care, but the question will be whether the case is financially viable. Medical malpractice cases are very expensive and time consuming and ordinarilly lawyers will only take one on if the negligent care resulted in permanent harm. If your orthopedist corrected the problem, there probably is not a financially viable case. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.      Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

At face value, you have reason to be suspicious that you received negligent care if you underwent spinal surgery, complained for a month about nerve pain and now have permanent nerve damage even after a revision surgery occurred.  I think it is safe to assume that if the screws were eventually taken out then they were probably malpositioned. The two questions that have to be figured out are (a) why was the screw malpositioned in the first place and (b) was the outcome avoidable. Screws can be malpositioned even if everything is done correctly in the surgery. That doesn't mean your surgeon didn't do anything wrong, it just means that whoever investigates the case cannot assume that the outcome is the functional equivalent of negligence.    Medicine is always evolving, but it seems that the specific issue of pedicle screw placement safety changes pretty frequently. Click here for a good discussion of the history of developments related to how to prevent misplacement of pedicle screws.   An attorney will have to get the records and the pertinent radiographic films to come to a conclusion about why your surgeon misplaced the screws. Perhaps his technique was wrong, perhaps he should have employed somatosensory evoked potentials to monitor the nerves, perhaps the intraoperative radiographic studies were not diagnostic. Two more questions are why it took so long to take the screws out and whether the delay resulted in permanent problems.   You should contact a NJ medical malpractice lawyer who has experience with these cases.  Below are some articles you may find helpful.  Click here, here  and here for more information about me. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

I have investigated cases like this and an attorney recently won a multi-million dollar award against a neurologist for similar allegations. The problem is that to the extent that there is insurance, the carrier may deny coverage, so you will have to go after the entity that hired the social worker who engaged in the sexual relations and prove that they knew or should have known that he was a person who would do these things.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

The failure to advise you that diagnostic tests revealed a brain tumor was obviously negligence, the question in any medical malpractice case is whether earlier intervention would have resulted in a different outcome. You don't know the answer to that question right now, but you may have more inforrmaiton about this after you speak with the neurosurgeon next Tuesday. For now, focus on dealing with the medical issues that you are facing. You have two years from the date of negligence (or two years from when you discovered that you were the victim of negligence) to file a lawsuit. The only caveat to that is that you have to file a notice of claim with the state within 90 days if the health care provider responsible was employed by a public entity at the time of the malpractice. If you determine (or suspect) that the delay in addressing the tumor is going to cause you permanent harm,  you should contact a medical malpractice lawyer. We take these cases on a contingency basis which means you only have to pay attorney’s fees if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

Generally speaking, you have two years from the date of death to file a lawsuit for malpractice when the decedent dies from medical malpractice. There are exceptions to this rule under the case law, but to know whether they apply you would have to provide more facts.  Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

Accepted standards of care require an orthopedic surgeon to administer prophylactic antibiotics following knee replacement surgery. Additionally, if you had an ongoing infection for six months and you were not diagnosed, then the failure to make a timely diagnosis might have been negligence too. The problem with the second cause of action is that you are going to have a harder time proving damages, because there is a high probability that you would have needed a second surgery to cure the infection even it it was diagnosed in a timely fashion.  If you want to investigate a case, you should contact a New Jersey medical malpractice lawyer.  We take these cases on a contingency basis which means you only have to pay attorney’s fees if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.   Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.  ... Read Answer

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, different offices have different standards for whether a case is worth prosecuting.   If you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

A health care provider has 30 days from the date of your request to provide you with your medical records. File a complaint against the therapist with the Board of physical therapy. Contact Lisa Tadeo, Executive Director, Board of Physical Therapy, PO Box 45014, Newark, NJ 07101, (973) 504-6455. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.       ... Read Answer

I do not see a connection between ceftriaxone and oligohydrannios in the basic literature. The cause of oligohydrannios is often undertermined, although there are characteristics in mom and baby that can increase the risk of the condition appearing. For an article discussing these, click here.  If any of these risks existed, then I think a link between the low amniotic fluid and the drug you were given is less likely. The caveat of course is that I am not a doctor, so if you have different information, that is another story.  If you have information that suggests a causal connection between ceftriaxone and oligohydrannios, then you should consider contacting a medical malpractice lawyer and provide that information to him so that he can begin an investigation into the issue. Malpractice lawyers take these cases on a contingency basis which means you only have to pay if you succeed.   Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice cases. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz. Use of topical steroids can cause changes in skin pigmentation, so theoretically if you were given steroids because of Lupus and you did not have that disease, you may have a case. To no for sure, a lawyer will have to look at the medical records and assess whether the misdiagnosis was unreasonable. Also, because steroids are used to treat a variety of inflammatory conditions, it is possible that the diagnosis was wrong but the treatment was right. Finally, there will be a question about whether the case is financially viable, which depends on how prominent the changes are.   If you want to investigate a case, you should contact a New Jersey medical malpractice attorney. We take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free Below are some articles you may find helpful.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.  The literature suggests that a ruptured spleen during a colonoscopy may be an accepted complication of the procedure. This happens rarely, but if you believe the medical literature, it is something that can happen in the absence of negligence. Click here for a medical article discussing the issue. At the same time, cases involving a ruptured spleen during a colonoscopy have been successfully litigated when a physician failed to recognize that complication in a timely fashion. If you lost so much blood that you had a heart attack, it sounds like there was some delay between the colonoscopy and when the condition was diagnosed. Depending on which physicians you saw when, you might have a viable case. Click here for a jury verdict review that discusses factually similar scenario. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ ... Read Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.  To know whether you have a case, an attorney will have to examine the medical records and submit them to an expert. It sounds like you have reason to investigate a case. I assume that you were referred to a neurologist because there was some element trauma in the automobile accident. This, in combination with persistent headache arguably should have resulted in additional investigation into whether or not you sustained a subdural hematoma. Click here for more information about that condition. Given the fact that a month passed between the time that your symptoms began and the time the diagnosis was made (presumably while your condition deteriorated) other medical personnel may be implicated in a malpractice case. Again, an attorney would have to look at the records to evaluate that issue. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

It is hard to tell you whether you have a case worth investigating. Certain anesthesia agents can cause seizures in the absence of negligence. Conversely, excessive anesthesia can cause seizures as well. To know whether you have a case, an attorney would have to obtain your medical records, review them and submit them to an expert. Even if the seizures were caused by negligence, however, a big question will be whether the case is financially viable. Articles linked below explain that in more detail.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

It is hard to follow your question, but doctors do not have to be in an examining room when a resident examines you. Residents (medical students) are MDs.  If you are investigating a case for failure to diagnose Lyme disease, it sounds like the biggest problem you are going to have is the statute of limitations because you have two years from the date of negligence or two years from the date that you knew or should have known that you were the victim of malpractice to file a lawsuit.  Below are some articles you may find helpful.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

it sounds like you have good reason to be suspicious given the fact that (A) you are left with significant disability and (B) the second orthopedic physician is essentially telling you that the first doctor made the wrong decision. To know for sure whether your case is viable an attorney will have to obtain the pertinent medical records and radiographic films and have them reviewed by an expert. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Orthopedic malpractice cases are difficult because even in the best circumstances it is possible that a fracture once fixed will not restore a person to complete function. That aside, if someone put screws in your ankle and you did not have a fracture, that sounds like malpractice. Frankly, it also sounds pretty unlikely, so on that issue I think something might be getting lost in the translation. Nerve damage can certainly be the result of malpractice. To evaluate your case, an attorney would have to secure all of the pertinent medical records, xrays and have them reviewed by experts.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

An injury to the bladder during a hysterectomy is an accepted complication of the procedure, because these injuries can happen in the absence of negligence on the part of the surgeon. That said, a failure to recognize the bladder injury might be negligence. To know or sure, a lawyer will have to review the medical records. Keep in mind that while you have two years from the date of the malpractice to file a lawsuit, these cases take time to investigate before suit is filed, so you should act as quickly as possible if you are going to investigate a case.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

If you can demonstrate that the knee is rotated because the prosthetic was incorrectly placed, you may have a medical malpractice case. There will be a question about whether the case is fianancially vialbe if subsequent surgery will fix the problem. The articles linked below discuss this concept in more detail.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer