Medical Malpractice

Monday, October 22, 2018

Medical Malpractice and Machine Errors

Who is at-fault when a medical machine causes a patient injury?

Medical errors are a leading cause of death worldwide.  In fact, a report published in the British Medical Journal suggests that medical errors are in the third leading cause of death in the United States, causing at least 250,000 deaths per year.  Misdiagnoses are perhaps the most common cause of medical malpractice cases.  As the medical world becomes increasingly reliant on artificial intelligence, machines will play a greater role in our diagnosis and treatment.  Machines may reduce instances of medical malpractice, but machines are not infallible.  Our Monmouth County, New Jersey medical malpractice lawyers discuss how medical malpractice cases may evolve and change as the medical field incorporates more artificially intelligent machines.


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Wednesday, August 22, 2018

Admitting Expert Witness Testimony in NJ

What is the standard for admitting expert witness testimony in New Jersey?

Expert witnesses will often form the cornerstone of your personal injury, product liability, or medical malpractice case. The testimony of an expert witness will at times prove essential in meeting the elements of your cause of action. Given the great weight that jury members often afford to the testimony of expert witnesses, it is the role of the judge to ensure any expert witness presented is trustworthy and offers reliable evidence. If you are considering introducing expert witness testimony in your..


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Tuesday, February 6, 2018

Do I Have a Medical Malpractice Case?

Every year, millions of Americans will seek medical care for an illness, injury, or routine examination.  While most physicians and other medical professionals are competent and well trained, medical malpractice continues to occur at alarmingly high rates nationally.  In fact, a recent John Hopkins study suggests that medical errors lead to over 250,000 deaths each year.  If you believe you have been injured by a medical professional, you are likely wondering whether you have a viable medical malpractice case.


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Friday, September 15, 2017

NJ Court Rules Treating Doctor Cannot Testify As to Standard of Care


What is the standard of care in medical malpractice cases?

A New Jersey appellate court recently ruled that a doctor who treated a patient after another physician allegedly made a surgical error could not state an opinion on the standard of care in the medical malpractice case.  The case adds to the body of law regarding medical malpractice and standards of care in New Jersey.  Medical malpractice is an ever evolving field of law, making it complex and challenging.  Our Read more . . .


Monday, May 15, 2017

Malpractice and Prescription Drug Errors


Can I sue if I am injured by a prescription drug?

Prescription drugs can provide much-needed relief and even prove lifesaving, but these medications can also come with serious side effects.  If a doctor fails to warn a patient of potential side effects, or if a mistake is made during the prescription process and injuries result to the patient, these errors can give rise to a medical malpractice lawsuit.  Our Read more . . .


Sunday, January 22, 2017

When Lack of Informed Consent Leads to Medical Malpractice


When Lack of Informed Consent Leads to Medical Malpractice

We rely on doctors and other medical professionals to provide us with quality care, as well as all the relevant information about treatments so that we can make choices about our care. In fact, state law requires doctors to obtain a patient's "informed consent" before performing a planned medical procedure such as surgery or special treatment for an illness. If a doctor fails to obtain this consent and the patient is injured as a result of the treatment, there may be grounds for a medical malpractice claim.

What is informed consent?

A doctor has a legal obligation to provide a patient will all the relevant information about a planned procedure or treatment. This information must be provided in plain language that the patient can understand and include a description of the procedure, risks and potential complications, alternative her treatment options, and the prognosis.


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Thursday, June 16, 2016

Opioid Abuse: Could Your Doctor Be Liable?


When is a patient's addiction to prescription drugs grounds for a malpractice lawsuit?

According to statistics collected nationwide, deaths from drug overdoses have risen for 11 years, tripling since 1990. Most of these fatalities result from overuse of prescription painkillers.

The vast majority of these deaths -- approximately three-quarters -- are believed to have been accidental, while others were suicides or the result of undetermined causes. Many of these cases have led to Read more . . .


Saturday, May 28, 2016

New Jersey Protects Reports of Hospital Errors with Absolute Privilege


A recent study shows that medical errors may be the third leading cause of non-violent death in the U.S., claiming over a quarter of a million lives. But for residents of New Jersey, finding out about deadly mistakes is now more difficult because of a recent decision by a New Jersey appellate division court.

Reports on Medical Mistakes Remain Confidential

A three-judge panel has held that hospital error reports filed with the New Jersey Department of Health after a patient injury or death are not discoverable in medical malpractice litigation.


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Sunday, May 22, 2016

Medical Errors Are a Leading Cause of Death


Did you know that medical errors are now the third most common cause of death in the United States? They rank only behind heart disease and cancer, and kill an estimated 700 people per day. This is crazy! Seeking medical care should not be as scary as the illness you are seeking care for!

It is unclear what the exact rate of medical errors is here in Monmouth County, or even in New Jersey as a whole since that data is almost impossible to get a hold of. However, we do have data from the U.S. Department of Health and Human Services on how many medical malpractice payments were made in New Jersey each year from 2004 to 2014.


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Wednesday, April 20, 2016

Medical Malpractice Victims in Disgusting Sexual Assault Case Stymied by Statutes of Limitation


A couple months ago, a gynecologist from Tenafly, New Jersey who practiced in New York City pled guilty to sexually assaulting two women he had examined. Dr. Robert Hadden admitted that he had “engaged in an act of oral sexual conduct against a patient for no valid medical purpose” and “intentionally and for no legitimate purpose forcibly touched the sexual and intimate parts of [another patient].” Hadden’s medical license has been revoked, and he must register as a sex offender, but it is still unclear whether the at least twenty women who have come forward as victims will be able to sue him in civil court for monetary damages. 

This is distressing, but it is something we see every day.


Read more . . .


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