New Jersey Medical Malpractice Legal Questions

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173 legal questions have been posted about medical malpractice by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
New Jersey Medical Malpractice Questions & Legal Answers - Page 5
Do you have any New Jersey Medical Malpractice questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 173 previously answered New Jersey Medical Malpractice questions.

Recent Legal Answers

medical

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you suffer lasting harm from a medication error, and you 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.  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.  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 More
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting... Read More

Broke ankle had hardware placed; had issues with healing dr waited until 6 mos after hardward to see there was an infection

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have a case if you had clear signs of an infection and the doctor failed to investigate that possibility and failed to place you on prophylactic antibiotics. The question will be whether the delay in diagnosis resulted in additional problems for you. It sounds it may have. This is especially so if timely antibiotics could have cured the problem and avoided surgery.   To know whether your case is viable, an attorney would have to obtain your medical records. After reviewing them, he would then decide whether your case is viable and submit the materials to an expert. Links below explain this process.  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 More
You may have a case if you had clear signs of an infection and the doctor failed to investigate that possibility and failed to place you on... Read More

is there a time limit on suing for progressively worse problems from lapband surgery????,

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
The statute of limitations is 2 years from when yhou knew or should have known that the doctor did something wrong. Sometimes, if a doctor does not disclose a medical mistake and leads a patient to believe that the outcome is an acceptable, you can argue that the statute of limitations should be extended to when you actually found out that the prior procedure was done incorrectly. To answer that question, an attorney would have to look at the records. What he is looking for is reassurances and a failure to disclose accompanied by a clear point in time when a patient was put on notice that there was a medical mistake. So, with you, the question is when you were reasonably aware that the post-op course is not what you expected.  What are you doing now? Have you gotten a second opinon and been advised that you need a revision?  If so, the second opinion might be when the SOL of limitations begins running.  As an aside, these cases are difficult because they are frought with complications. I have investigated many, and taken none. That said, your circumstances certainly seem to warrant an investigation.  If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. 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.   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 More
The statute of limitations is 2 years from when yhou knew or should have known that the doctor did something wrong. Sometimes, if a doctor does not... Read More

Broke ankle had hardware placed; had issues with healing dr waited until 6 mos after hardward to see there was an infection

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is hard to tell you without looking at the records whether your doctor negligently failed to respond to your infection in a timely manner. If you want to investigate a case 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.   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 More
It is hard to tell you without looking at the records whether your doctor negligently failed to respond to your infection in a timely manner. If you... Read More

do i have a case if my gyn didnt supply me with a ultrasound until too late, then i ended up with a molar pregnancy?

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is not a breach of accepted standards of medical care to wait until 12 weeks for an ultrasound. Therefore, I do not think that the delay in diagnosing the molar pregnancy is actionable.  If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. 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. 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 More
It is not a breach of accepted standards of medical care to wait until 12 weeks for an ultrasound. Therefore, I do not think that the delay in... Read More

Do i have a medical malpractice case?

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you suffer lasting harm from a medication error, and you 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.  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. Here is a link to an article that suggests that epilepsy drugs do not harm infants through breastfeeding. The difference, of course is that you do not have epilepsy. I would discuss this with the pediatrician to see whether they think the baby could have been harmed.  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 More
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting... Read More

If I was permanently injured by a prescription drug how long do u have to file a lawsuit

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If the harm was the result of a mistake in prescribing the drug then two years from the date of the negligence. There are exceptions to that rule, but that is the general rule. You have a longer period of time if you are claiming that you were harmed because the drug was inherently defective (that is a products liability case).  If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. 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.   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 More
If the harm was the result of a mistake in prescribing the drug then two years from the date of the negligence. There are exceptions to that rule,... Read More

medicine doctor gave mom.

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you suffer lasting harm from a medication error, and you 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.  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.  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 More
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting... Read More

Can I sue my eye doctor for giving me pink eye

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You do not have a viable case. First, pink eye is highly contagious and you will not be able to provide that the doctor's office is the only place you could have caught it. Second, you could have caught it from someone who was a patient at the office. Third, you could have caught it from an office staff member who had no symptoms from it didn't know he/she had it yet, and so it would not have been negligent for that person to report to work with the disease. Fourth, assuming you could overcome all of those problems, you do not have a financially viable 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 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 More
You do not have a viable case. First, pink eye is highly contagious and you will not be able to provide that the doctor's office is the only place... Read More

had tummy tuck and lipo scars and numness

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
The problem with plastic surgery cases in general is that nearly all doctors require patients to sign extensive informed consent paperwork that explains that the results from the surgery are not guaranteed. Under the circumstances, it is difficult to prevail in these cases. The debate usually centers on whether the results from surgery were within the range of reasonable rather than whether the defendant doctor was negligent. Also, while jurors deny it, they give plastic surgeons the benefit of the doubt in these cases because jurors often conclude the plaintiff brought the problems on himself because of vanity. It is not necessarily a fair conclusion, but it is a big obstacle in these cases. If you do want to investigate pursuing the 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 discussing a settlement we reached involving allegations of negligent plastic surgery. 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 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 More
The problem with plastic surgery cases in general is that nearly all doctors require patients to sign extensive informed consent paperwork that... Read More

In 2006 I had a total right knee replacement the knee they put in the hardware was too large therefore my leg on the right side is 2 inches longer.tha

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I do not think you have a viable case because the statute of limitations has expired on all claims against the orthopedist if you investigated a potential claim against him already. 
I do not think you have a viable case because the statute of limitations has expired on all claims against the orthopedist if you investigated a... Read More

i would like to know if i could possibly file a claim against my Dr Office

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If you had undiagnosed congestive heart failure for three years and you were regularly going to the doctor, that certainly sounds like negligent care. The question is, how were you harmed by the delay in diagnosing the condition? If you can demonstrate that you were materially harmed in a significant way because of the delay, you may have a viable medical malpractice case.  If you want to investigate a 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 More
If you had undiagnosed congestive heart failure for three years and you were regularly going to the doctor, that certainly sounds like negligent... Read More

Can I recover cost for dental work that was improperly constructed?

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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.   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 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 More
Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice... Read More

Do I have a case if after a robotic heart bypass surgery expierence a paralysis of left diaphram and what is the statue of limitations

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Diaphragmatic dysfunction can result from nerve damage, primary muscle problems, or problems with the muscle’s interaction with the chest wall. Sometimes diaphragmatic dysfunction can be caused by damage to the phrenic nerve during cardiac surgery. Phrenic nerve paralysis is a recognized complication and known risk of coronary artery bypass grafting. The question is whether it is also a risk in the new robotic surgery that was performed on you. Generally speaking, one of the benefits of robotic surgery is that it minimizes the chance of some kinds of complications.  I do not know the answer to the second question. To know the answer, I suspect an attorney will have to consult an expert who does robotic bypass surgeries.  Even if you can prove the case, another issue will be whether the case is financially viable. Literature suggests that unilateral diaphragmatic paralysis or weakness rarely causes symptomatic dyspnea at rest, but may result in dyspnea on exertion or the patient’s voluntary restriction of activity. It can sometimes cause dyspnea when lying on one’s back (supine). The question will be how much the damage contributed to altering your lifestyle, as opposed to your underlying heart issues.  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 More
Diaphragmatic dysfunction can result from nerve damage, primary muscle problems, or problems with the muscle’s interaction with the chest wall.... Read More

Hi my mom went into the hospital the morning of November 19 for a hysterectomy now she can't breath on her own

Answered 13 years and 4 months ago by Mr. A Paul Bogaty (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have a case.   Where are you located?
You may have a case.   Where are you located?

can you sue a hospital if for example when an xray was given of a child and there wre eveidnce od something in the lung and nothing was done about it

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If the chylothorax  was visible in an early x-ray then you may have a viable case if the failure to treat the condition has resulted in permanent harm to your child. Literature suggests this condition is treatable if discovered. (Click here). The question will be what harm resulted from the failure to deal with the condition earlier.  If you want to investigate a case 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. 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 More
If the chylothorax  was visible in an early x-ray then you may have a viable case if the failure to treat the condition has resulted in... Read More

My husband had a stroke within hours after surgery in March, 2012 at a hospital in NJ. Do we have a case?

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You have a case worth investigating. The question is whether the stroke was en embolic stroke or an ischemic stroke. If the surgeon told you that your husband suffered a stroke because his blood pressure went too low during the surgery, then the person who made the mistake was likely the anesthesiologist. Anesthesiologists practice deliberate hypotension during lengthly procedures. They intentionally keep blood pressure low to minimize bleeding. When they miscalculate, however, this can cause the kind of complication your husband suffered. Click here for an example of a case I successfully litigated involving these kinds of facts. If you provide me with an email address I can forward you materials from that case.  Below are some articles you may find helpful regarding malpractice cases.   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. ... Read More
You have a case worth investigating. The question is whether the stroke was en embolic stroke or an ischemic stroke. If the surgeon told you that... Read More

I had tummy tuck surgery couple years back. Doc had to insert some tube in abdomen area after surgery and then take it out after a week or so.

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is possible that you have either a medical malpractice or products liability claim. The question will be (a) whether it is financially viable, and (b) whether the statute of limitations has expired.  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 More
It is possible that you have either a medical malpractice or products liability claim. The question will be (a) whether it is financially viable, and... Read More

Does not investigating the reasons for medical problems, thereby not providing a treatment or delaying proper treatment, qualify for malpractice.

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is hard to answer your question because I am not clear on what the underlying condition was that caused the need for surgery. Seeing an air pocket in an intestine would not ordinarily necessitate emergency surgery, although it could mean that your friend had an obstruction, which is a condition that can lead to emergency surgery. Beyond the lack of information, if your fried required dialysis as well, and the doctors determined that needed to be dealt with first, they is not necessarily negligence. If you can email me more information, I can try and give you a better answer. Another question may be whether the case is financially viable.  In the meantime, 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 More
It is hard to answer your question because I am not clear on what the underlying condition was that caused the need for surgery. Seeing an air pocket... Read More

How long does it take to heal from foot surgery?

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If you are still having difficulty walking four months after the surgery it sounds like the outcome was less than you expect, and you may have a medical malpractice case worth investigating. If you told me more about the surgery I could give you a more detailed answer. I am currently litigating a medical malpractice case involving reconstructive foot surgery, so I have a good deal of literature on the subject. 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 More
If you are still having difficulty walking four months after the surgery it sounds like the outcome was less than you expect, and you may have a... Read More

tubal ligation almost three years ago and now im having a extopic pregnancy

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Tubal ligations to not 100 guarantee that you cannot become pregnant, and undoubtedly the informed consent paperwork that you signed advised you of this. That said, if the doctor negligently performed the tubal ligation procedure and this was what was responsible for your pregnancy, you might have a case. To find out, you will have to hire an attorney who will need to obtain your medical records and possibly have the case looked at by an expert. In my mind, there is also a question about whether such a case will be financially viable. 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 More
Tubal ligations to not 100 guarantee that you cannot become pregnant, and undoubtedly the informed consent paperwork that you signed advised you of... Read More

I went in for acl knee repair. The surgeon fixed the acl but also removed a lot of meniscus. I am no longer able to run and have trouble walking.

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is hard to tell you whether the surgeon committed medical malpractice, but if you went into a knee surgery with the expectation that it would make you better, and you came out of the surgery actually feeling worse, you have probably have sufficient reason to investigate a case. Have you obtained a second  opinion from another doctor? Did someone advise you that there was too much meniscus removed during the surgery? What are they suggesting (if anything) to remedy the problem? If you attempt to determine the answers to these kinds of questions, you will have a better idea of whether you have a viable malpractice case.  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.   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 More
It is hard to tell you whether the surgeon committed medical malpractice, but if you went into a knee surgery with the expectation that it would make... Read More

Does my father have a medical malpractice case against his dialysis center?

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have a medical malpractice case, it sounds like your father received medical care that was below accepted standards. Medical malpractice cases are damages driven, however, so the question is going to be whether the case is financially viable.  If you want to investigate a medical malpractice case 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 provides suggestions about how to get answers to questions when an unexpected medical outcome occurs. This references statutory provisions that are probably the reason the hospital wants to meet with you.  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, which is a question in your 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 More
You may have a medical malpractice case, it sounds like your father received medical care that was below accepted standards. Medical malpractice... Read More

My 82 year old mother fell and broke her leg while being a patient in the hospital. How should I search for an attorney? What kind?

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Hospitals are supposed to have fall protocols in place that prevent these kinds of accidents.  When a patient is admitted to the hospital the nursing staff should do a risk assessment to determine whether a standard fall protocol should be followed or whether a patient should be deemed a high risk so that a high risk protocol is followed.  Issues addressed in the assessment include whether a patient is taking medication that raises the risk of fall, whether the patient has a history of vertigo, dizziness, syncope or seizures, whether the patient had a history of falls within the last six months, whether the patient ambulates independently without the use of an assistive device and the mental status of the patient.  Depending on how your mother was classified in the initial assessment she may or may not have had to have someone in the bathroom with her while she used the facilities.  There are other possible ways that the hospital could have violated its own fall protocols. (For example, if they provided footwear it should have been slop resistant).  If you want to investigate a case 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 and here for more information about me.   ... Read More
Hospitals are supposed to have fall protocols in place that prevent these kinds of accidents.  When a patient is admitted to the hospital the... Read More

Do I have a case because I had a tubal ligation almost three years ago now im pregnant and its a extopic pregnancy

Answered 13 years and 6 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Tubal ligation is about 97% effective at stopping pregnancy, so if you are in the 3% it is possible that this happened in the absence of negligence. If the doctor performed the procedure incorrectly, you may be able to prove negligence, but the question will be whether the case is financially viable. The answer to that question depends on the damages caused by the ectopic pregnancy.  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 More
Tubal ligation is about 97% effective at stopping pregnancy, so if you are in the 3% it is possible that this happened in the absence of negligence.... Read More