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Medical Malpractice

General Birth Injury Nursing Home Abuse

General

If I suspect my doctor may have committed malpractice, where can I find information about him/her?
You may research the history and qualifications of your doctor by inquiring with the State Board of Medical Examiners.

Can a doctor be sued if he failed to attain informed consent?
If a patient was not made fully aware of the risks involved with a particular surgery or treatment, and the outcome was negative, it may then be determined that the lack of informed consent resulted in injury and is therefore actionable. A claim for lack of informed consent with no negative outcome cannot be pursued.

How will a lawyer help me with a medical malpractice claim?
After thoroughly studying your medical history, the details of your injury, and the extent of involvement by medical professionals, your attorney will assemble the facts of your case. He or she will develop a solid timeline to demonstrate as clearly as possible how malpractice directly led to your current injuries. We may use medical experts for testimony to show how your doctor's actions or inactions diverged from reasonable standards of care.

Who can be targeted in medical malpractice claims?
Any medical professional who had the authority to perform the actions that led to a specific injury. A doctor, nurse, medical assistant, or institution can all become defendants in a medical malpractice claim.

Is misdiagnosis considered malpractice?
A doctor may be sued for a misdiagnosis that seriously compromises the patient's health by allowing the disease or condition to worsen. However, if the correct diagnosis cannot be reached by reasonable medical standards, the doctor may not be held responsible.

Will I need an expert to prove malpractice has occurred?
Yes - expert testimony is required in nearly every medical malpractice case, especially if the case goes to trial. A medical expert's scientific opinion can show that the doctor in question's action in fact does not reflect what a reasonable doctor in the same situation may have done. The testimony of several medical experts can show how the doctor's behavior deviated from standards of normal care. The medical experts utilized should have extensive medical education and experience to be credible.

Is there a limit on how much a person can recover for a medical malpractice claim in N. J.?
New Jersey does not impose a limit on the amount a victim or victim's family may recover in a medical malpractice claim. Remember, however, that there is a statute of limitations, so file your claim sooner rather than later.

Birth Injury

Who is responsible for my child's birth injury?
In many cases, a birth injury sustained during labor or delivery can be traced to the doctor that performed the delivery. In other instances, assisting nurses, anesthesiologists, other hospital workers, or the hospital itself may be held responsible for the birth injuries.

What is the difference between a birth injury and a birth defect?
A birth defect is an inherent problem that results from genetic characteristics or other maternal difficulties. A birth injury is an injury that actually occurs during the birthing process, where a medical professional's direct action or failure to act is found.

Is Cerebral Palsy a preventable condition?
Many cases of cerebral palsy could have been prevented if certain action were taken during pregnancy. For example, lack of oxygen to the baby's brain, a cause of CP, can be avoided in many cases by having performed a Cesarean section as opposed to vaginal birth.

Is there a cure for Cerebral Palsy?
Cerebral Palsy is the result of brain damage that cannot be undone. The extent of the disease can be controlled with certain therapies, but in cases where more brain damage has occurred, it is unlikely that significant improvement will be seen.

Nursing Home Abuse

Is nursing home abuse common?
Of the 16,000 nursing homes operating in the United States, it is estimated that neglect or abuse occurs in about one third of these facilities. Malnutrition, physical abuse, dehydration, and medical malpractice are responsible for a number of reported deaths, as well as in unreported cases.

How can I choose a safe residence for my loved one?
Although abuse and neglect can occur in even the most seemingly highly qualified facilities, family members can reduce the chances of mistreatment through careful research and utilization of checklists, interviewing directors and key staff members, checking licensing and other hiring standards, asking about employee background checks and training programs, inquiring on protocols for dealing with mistreatment events, checking State facility reviews, and keeping in close contact with loved ones after admission.

What do I do if my loved one is showing signs of abuse?
We would like to hear from anyone who has been the victim or has a family member that was victimized under the care of a nursing home facility. We provide sound legal counsel and can answer any nursing home neglect and abuse legal questions.