New Jersey Medical Malpractice Legal Questions

Obviously you should not be worse after a surgery to correct a problem, and if not getting straight answers to your question is a familiar symptom of medical malpractice.  I suggest a second opinion from an orthopedist not affiliated with the first. They will have to perform additional diagnostic tests to determine the nature of the problem. Then, they can tell you whether the condition is repairable.  You have two years from the date of the surgery to file a lawsuit, so focus on getting to the bottom of the medical problem. As the diagnosis and prognosis firms up, and attorney will be in a better position to tell you whether you have viable medical malpractice case. If the problem is fixable, then even if the doctor did something wrong you many not have a financially viable case.  Feel free to contact me if you would like to discuss.  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 for an article that provides suggestions about how to get answers to questions when an unexpected medical outcome occurs. Click here for more information about me. ... Read Answer

It is possible that you have a medical malpractice case. ACOG standards require that before you are released from the facility "aspirated tissue should be examined to verify that villi or fetal parts are present. If villi or fetal parts cannot be identified with certainty, the tissue specimen should be sent for further histologic examination and the patient alerted to the possibility of an ectopic pregnancy. If the tissue suggests a molar pregnancy, the patient should be so informed and appropriate management instituted." The first step to investigating the case would be to secure the medical records from the facility where you had the abortion and the records from the hospital where the D&C was performed.  Please contact me if you would like to discuss further.  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 for more information about me. ... Read Answer

Is hard to tell you whether you have a viable malpractice case for failure to diagnose a brain aneurysm without looking at the pertinent medical records. If you walked into a physician's office and complained of shoulder pain with finger numbness, a brain aneurysm is not the first diagnosis to comes to mind. If you did complain of headaches, migraines and high blood pressure to the same physicians that's a different question. It really depends on what your overall presentation was when you visited the physicians. Did you emphasized the shoulder pain and finger numbness and merely mention the other symptoms as part of your past patient history? If headaches were not a prominent part of your complaints, I do not think an expert would support the case.  Also, you only have a viable malpractice case if (a) the delay in diagnosis caused you harm, and (b) the harm was substantial and will result in permanent problems. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case, which discusses the issue of whether a case is financially viable. ... Read Answer

This is really a medical question best directed to your surgeon and the cytologists at the University of Pennsylvania. if you're asking why medical malpractice happens in general, it happens because the healthcare industry is decades behind other high risk industries and a commitment to basic safety measures.... Read Answer

The prognosis following a misplaced epidural injection varies. If you are left with permanent problems you may have a viable medical malpractice case. Deal with your medical issues right now, and it you do not get better over the course of the next few weeks, you should consider calling a medical malpractice attorney. 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 discusses what patients can and should expect when filing a medical malpractice lawsuit. ... Read Answer

First, as a parent of three, my heart goes out to you.  I can't imagine how you deal with something like that. To tell you whether you have a viable medical malpractice case, I would need to meet/speak with you and obtain more information from you about why the procedure was performed and about your child's underlying health status before the surgical mishap. What did they tell you the risks were before the surgery was performed? Also, I would have to secure and examine your child's medical records. At that point, if I it appears based on review of the records and the pertinent literature that what occurred was a result of negligent care, I would submit your case to an expert to see if he would support the case. Not every surgical mishap amounts to negligence. It really is a fact sensitive inquiry. Obviously, you have allot on your plate right now. It is not essential for you to act immediately, although if you have a claim against a hospital (in addition to your claim against the surgeon) and it is a public entity, you have to file a Tort Claims Notice to preserve that cause of action within ninety days of the negligence. If you email me the name of the hospital I can tell you whether that is an issue for you. If you would like more information, or have a specific question, feel free to call or email 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

Medical malpractice cases related to breast augmentation surgery are difficult to win. First, there are no guarananteed results with these procedures. Second, juries generally are prejudiced against plaintiffs in these cases. Third, more often than not mistakes can be corrected through further surgery, and so the damages are not that grave and the cases are not 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, it touches on the issue of financial viability. ... Read Answer

Pain management doctors are very sensitive to situations in which their patients abuse prescription medication. Most pain management doctors require their patients to sign a contract indicating that they will abide by the strict terms of the prescriptions that are issued relative to patient care. Unfortunately, notwithstanding your suffering, you probably do not have a viable malpractice case. First, you will have a very difficult time finding a pain management specialist to act as an expert in your case. Secondly, even if you can prove that the doctor did something inappropriate (and I'm not suggesting you can) you probably don't have a financially viable 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.... Read Answer

Unfortunately it is not rare that spinal surgeries have to be revised. Sometimes revisions occur because the first surgery was not done correctly. In order for an attorney to be in a position to tell you whether you have a viable medical malpractice claim, he really needs to sit down and look at your medical charts and then run the case by an expert. Click here for an article about the case I litigated related to negligent spinal surgery. Click here for an article regarding the three questions I ask when attempting to determine whether a client has a viable 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 Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

I am not sure that you would be successful pursuing a medical malpractice case for failure to diagnose the severed tendon for a few weeks.  You would have to convince a jury that the doctors "watch and wait" approach was unreasonable or below accepted standards of care just doesn't seem like that at face value.You should definitely contact your workers compensation attorney and try to reopen your case.  I would think that a hand specialist would be able to perform some type of tendon transfer surgery that may help your symptoms. ... Read Answer

You do have a right to refuse medical treatment, unless you are judged to be incompetent to make the medical decision. Generally speaking, when there is a question about competency, someone will make an application to a Court of competent jurisdiction to have a guardian ad litem appointed to make decisions on your behalf. While it does sound like the hospital took a shortcut through the process, (assuming someone wasn't already appointed as your guardian in the past) you do not have an economically viable malpractice claim because you didn't sustain long-term damages from the restraints and the medication, Beyond that, it is difficult to imagine that a jury would find your circumstances sympathetic. ... Read Answer

You have a right to accept or reject any offer made to resolve a case. Also, notwithstanding the retainer agreement that you signed, you have a right to discharge your attorney for any reason, or no reason at all. If you are not happy with the way your relationship with your attorney has developed, then consult with another. If the next attorney wants to take your case, they will make arrangements to get your file from the attorney you discharge. There will be no impact to your bottom line recovery. Having said all of that, perhaps you should attempt to make an appointment with your current lawyer to ascertain why it is that he is recommending that you accept the offer that is being made. Recognize that he has a joint interest with you in resolving your case for as much money as he can. If he is being adamant about the value of the case, he may be giving you good advise, although with a bad bedside manner. Inevitably, however, a decision about whether to settle a case is your decision to make alone. ... Read Answer

I cannot tell you why the clinic failed to diagnose you with hypertension. Taking someone's blood pressure is part of a rudimentary exam, and you would expect the clinic to do that. You do not likely have a financially viable medical malpractice case, however, because your condition resolved with additional care. Medical malpractice cases are very costly and time consuming and for the most part they are only financially viable when a patient suffers a significant permanent injury as a result of the negligence. ... Read Answer

I do not think you have a viable medical malpractice case. Assuming that the doctor breached accepted standards of care for failing to take measures to get the appropriate coverage when he went on vacation, your damages are not significant enough to warrant the time and expense of a malpractice lawsuit. ... Read Answer

You may have a case.  You should contact a medical malpractice attorney in New Jersey. He can obtain your medical records and x-rays and have them reviewed by an expert in this area of medicine.  In order to prevail, you will need to show that the original treatment was negligent and that you would have had a better outcome for your conditions if they had been treated in the original hospital admission.  You may be able to show this by demonstrating that your head injury became worse because of the increased bleeding and pressure during the intervening time and you may be able to show that you could have avoided the nerve damage through earlier treatment of your spinal injuries.  ... Read Answer

You may have a dental malpractice case if an expert concludes that your dentist used excessive force in attempting to extract the wisdom tooth. You should consult an attorney who will review your medical records and determine whether or not you have a viable cause of action against the dentist. Keep in mind that you have two years from the date that you knew or should have known that the dentist did something wrong to file an action in court. If you do not file a lawsuit within that period you will be barred from doing so under the statute of limitations.... Read Answer

I'm sorry for your loss. Women whose sisters and mothers had preeclampsia are at an increased risk for suffering from this condition during pregnancy. Generally, if there is a risk of preeclampsia, your healthcare provider should have checked your blood pressure and urine levels. There are other things that should be done in certain circumstances. Not every woman who loses a baby because of preeclampsia has a cause of action. Nevertheless, you may have a cause of action if the doctor failed to adequately monitor your condition and the condition of your child. You should contact a medical malpractice attorney, who can evaluate your medical records and determine whether you have a case. Please note, you have two years from the date that you knew or should have known the doctor did something wrong to file a lawsuit. Failure to file a lawsuit within the two year statute of limitations will result in a lawsuit being barred. Under the circumstances, you should contact a lawyer immediately, since it will take time for him to obtain your records and ascertain whether they should be submitted to an expert for review.... Read Answer

I believe that the Appellate Division has jurisdiction over appeals from final decisions of the NJ Board of Medical Examiners. It sounds like they are taking the position that they do not have jurisdiction in your case because the Board of Medical Examiners never actually decided your matter because it lacked jurisdiction.... Read Answer