New Jersey Medical Malpractice Legal Questions

The statute of limitations for a medical malpractice claim for a child (when the claim is not related to a birth injury) is two years from the date that the child reaches the age of 18, so you have plenty of time.  Below are some articles you may find helpful.   Click here for a discussion of a pediatric orthopaedic malpractice case that I litigated.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It is difficult to answer your question given the absence of facts.  Assuming your daughter recovered once the correct diagnosis was made, it is very unlikely that you have a financially viable medical malpractice case. 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It is difficult to tell you whether you have a financially viable medical malpractice case given the absence of facts in your question. 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It is difficult to tell you whether you have a viable medical malpractice case without knowing more about the facts surrounding your miscarriage.  The miscarriage might be totally unrelated to a delay in care.  Additionally, even if you can prove that the hospital should have done something that would have prevented the outcome, there will be questions about whether or not the case is financially viable. If you do want to investigate a medical malpractice 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read Answer

If the pregnancy test was positive, then you received negligent care. The question will be what were the consequences of exposing the fetus to anesthesia and how this will impact you and your pregnancy. If everything turns out alright, then you will not have a financially viable medical malpractice case. I recomend that you deal with the medical issues for now. Talk to your OBGYN about what the risks are relative to the exposure to anesthesia. After the medical details are sorted out, then you will be in a better position to determine whether or not you should pursue a case.  If you reach a point where you think you should contact an attorney, 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me.  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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Dental malpractice cases, like medical malpractice cases are very expensive to pursue.   There is a requirement to hire an expert to opine that your dentist deviated from the standard of care.   Most people think that if something goes wrong that is malpractice.  That is not the case.    Most lawyers will pass on these types of cases, not turning on the issue of whether they are meritorious or not, but rather on the economics.   That is, how much money has to be spent hiring experts and preparing for trial vs. what the eventual verdict or settlement will be.   Sorry to learn what you went through. ... Read Answer

The definitive treatment of preeclampsia is delivery to prevent development of maternal or fetal complications from disease progression. Whether or not to deliver the fetus is based upon gestational age, the severity of preeclampsia, and maternal and fetal condition. Patients with mild orsevere preeclampsia at or near term are delivered; however, remote from term, the risks of serious disease progression need to be balanced against the risks of preterm birth.  It is difficult to tell you whether you have a medical malpractice case worth investigating. To know that, I would have to look at all of the pertinent medical records to get a better idea about whether the doctors exercised the appropriate judgment.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Click here and here for more information about me.  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  Skype: john_ratkowitz Web: www.starrgern.com. ... 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, since 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.  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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Your niece certainly should have been advised of the impact that an ablation would have on her ability to conceive. At the same time, to win an informed consent case you have to prove that a reasonable person in her position would have decided against the procedure if they had been given the appropriate information. Assuming she can meet that burden, her damages are limited to the consequences of the ablation. If the premise of the case is that she was planning on having another child, and this took away her ability to do this, and you can prove this, then it is possible she would have a colorable medical malpractice case, although I have turned down cases like this in the past because I think they are a little too tenuous. If she was actively trying to get pregnant or visiting a fertility doctor, that would be a different situation.  If you think that you may have a viable malpractice 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.  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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

It is hard to answer your question in its present form. Are you suggesting that an Angio-Seal dislodged from the groin incision and that this traveled through your artery to the knee? If so, what was the impact of this? If it was nothing more than requiring an additional surgical procedure, there is going to be a question about whether the case is 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 the medical negligence for the case to be financially viable. If you want to investigate the claim 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.  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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read Answer

In my mind, it does not sound like a black and white description of medical malpractice. In hind-sight it would have been better if they provided prophylactic antibiotics. Nevertheless, it would have taken several days to culture the blood, which would have been a prerequisite to putting him on the correct antibiotics. Until his condition deteriorated, you could argue that it was a matter of judgment about whether they should have taken a watch-and-wait approach in those circumstances. Having said that, it seems odd that they placed him in isolation after allowing him to walk in and out of the hospital when there was at least reason to suspect that he might have mycoplasma pneumonia (after they placed him on antibiotics). It makes you wonder if you are getting the entire story about what is going on, but it could be explained away by the fact that the doctor in the ER didn't know what the specific organism is, but if the ER doctor knew the history, he should have known this was the most likely scenario.  If you do feel that you are not getting answers to all of your questions, Click here for an article that provides suggestions about how to get answers to questions when an unexpected medical outcome occurs. At this point, should focus on getting him better. Presumably he will, and if that is the case, you will not have a financially viable medical malpractice case. 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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm.  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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Unless the delay in diagnosing the surgical condition resulted in harm, you probably do not have a financially viable medical malpractice case. 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 the medical negligence for the case to be financially viable. 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 expect when filing a medical malpractice case.  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  Skype: john_ratkowitz Web: www.starrgern.com.  ... Read Answer

Did the tics and elucidation stop after you weaned yourself off of the medication? if so, you probably do not have been financially viable malpractice case.  Beyond that, it sounds like you are going to have to contend with the statute of limitations defense.  Generally speaking you have two years from the date you knew or should have known that a defendant did something wrong to file a medical malpractice lawsuit.  There are exceptions to this rule statute of limitations can be extended in certain circumstances.  To know whether you could overcome that defense attorney would have to look at your medical records. 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 and explains why patients pursuing medical malpractice cases have to suffer significant permanent injuries for the cases to be worth prosecuting. Click here for an article that explains what you can expect when filing a medical malpractice case.   ... Read Answer

Blood clots can certainly occur after a patient is taken off of anticoagulation. Nevertheless, they can also be caused by a variety of other things, including atrial fibrillation and a hypercoaguable state. For your mom to have a viable medical malpractice case, you have to prove that a doctor did something wrong, and this caused the blood clot. It sounds like you believe that she should not have been taken off of the Coumadin when she was. An attorney would have to look at the medical records and the pertinent literature to tell you whether that hunch is correct. If her damages were limited to the blood clot and that was dealt with in a way that left her with no permanent damage, then she probably does not have a financially viable malpractice case even of the doctor did something wrong. By way of example, I am knee deep in a malpractice case where a patient suffered a clot after the doctors failed to properly anticoagulate the patient, but he lost vision when the clot traveled to the brain. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This addresses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. 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  Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

This is more of a medical question than a legal question.  Here is a link to text that can answer the question for you, but in general a patient history has to be taken, the patient has to be examined, and the literature suggests that a patient should be placed on a cardiac monitor, given oxygen, chest x-ray, ECG among other things.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. 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  Skype: john_ratkowitz Web: www.starrgern.com  ... Read Answer

If you have a case it is going to be very difficult to prove. Your father clearly was a candidate for pain medication if he was going to see a pain management specialist. While doctors do have to be mindful of the dangers of prescribing narcotics, arguing that a physician should have foreseen the possibility that your father would abuse the drugs is just a difficult argument to make.  You should contact a local medical malpractice attorney. Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. ... Read Answer

Obviously, it sure smells like negligence. The question is what was the impact of the delay in treatment? Hopefully the impact was zero, and the second doctor will eradicate the problem. If not, then you have a claim that is probably worth investigating. If the delay didn't result in lasting harm, then your probably do not have a financially viable malpractice case.  In New Jersey, the statute of limitations expires two years from the date of negligence, or two years from the date you knew (or should have known) that the doctor did something wrong. If you do not file a lawsuit within those time limits, you will be barred from doing so.  If you determine that you were harmed as a result of the delay in diagnosis, you should contact a local medical malpractice attorney. Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. ... Read Answer

I am sorry to hear about these problems your brother has been having.  What you/your brother probably needs to do is get copies of all radiology reports and films.  You should have them reviewed by another radiologist/doctor and see if another doctor/radiologist would have noticed the mass.  What you will likely need to be successful is to have another radiologist/doctor say that the original radiologist should have noticed the mass and by not noticing it, that was a failure in the standard of care.  Most radiology reports are also viewed by doctors and confirmed by them, so you need to keep that in mind and might want to go ahead and request all of his medical records related to this.  Medical malpractice cases are usually very difficult.  This is because most state laws make it difficult to sue a doctor or hospital.  Most require the hiring of an expert witness even before suit is filed.  Thus, I do recommend that you seek the assistance of an attorney.  I would first get the records and radiology reports and films and start calling attorneys for a consultation (most are free).  The attorney will likely want to review the medical information before telling  you if he thinks he can help your brother.  Note that your brother is likely limited to a 2 year statute of limitations and it seems like a year has already passed so I would start moving on this if y'all are interested in proceeding.  A local attorney will be able to confirm this time limitation and inform you about any other state laws that are relevant to your matter.  Best of luck! NOTE:  This response is general in nature and is not legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read Answer

Unfortunately when a hospital misdiagnoses a fracture and then it is diagnosed a few days later, it is not usually a viable case because the treatment is usually the same as it would have been had it been diagnosed initially so damages are usually insignificant. Hope this helps. Jeffrey M. Rich, Esq. ... Read Answer