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New Jersey Medical Malpractice Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Medical Malpractice for New Jersey on
Q: I WAS RACIALLY PROFILED AT WELLS FARGO BANK IN IRVINGTON AND EAST ORANGE NEW JERSEY can I sue?

I SUFFERED A FRACTURED RIGHT ANKLE IN MY KITCHEN WHILE AT THE HOSPITAL ( EAST ORANGE GENERAL ) AND THE PERSON CARING FOR ME HE AND HIS GF WERE FIGHTING OVER ME WHILE HE WAS CARING FOR ME. SO I REPRIMANDED THE TWO OF THEM AND SHE PUT A LIE IN MY REPORT AND NOW NO LAWYER WILL TAKE MY CASE I HAVE... View More

James L. Arrasmith
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answered on Sep 27, 2024

I'm sorry you're going through this—it sounds incredibly frustrating and unfair. When it comes to racial profiling, you may have grounds for a lawsuit if you can prove that Wells Fargo discriminated against you based on your race. You can consider filing a complaint with the New Jersey... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: i had robotic hernia suregery one year ago ..... after one year i still have pain

pain is worse at night

i do not want to go back to this doctor

very careless record keeping

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2024

I'm sorry for your lingering pain from the surgery. A question was not included, but it's likely you're posting because you're wondering about your legal rights. Based on these limited facts, it would be difficult for any attorney here to offer a legal opinion. Your rights could... View More

2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2024

I'm very sorry for the loss of your father. Unfortunately, admissions and other activities involving hospitals during the height of the pandemic became unraveled in some ways. The standard applied would be whether there was a departure from an acceptable standard of medical care. Making that... View More

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for New Jersey on
Q: are cases pending on surgical smike harming health care workers?

lasers and other devices are used to cut ans fyuse bone and tissue

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

The best way to find out could be to search online whether law firms are holding themselves out for such cases. The hazards of surgical smoke are recognized by the CDC - evidenced by a few states implementing smoke evacuation policies. Bar associations or trial lawyer associations might also be... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: need to obtain detailed medical records from Hospital.

My daughter has spent the last year trying to understand why her mother had a reaction after her reclast infusion on 3/27/23. We are trying to understand why she had the reaction by comparing apples to apples, which we cannot do because her medical record information does not match the clinical... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2024

Before turning to attorneys, it could be worth checking if the records are maintained by a single entity. Ordinarily, with a properly completed authorization, you should be able to obtain records. If the doctors or other medical providers maintain separate recordkeeping and billing operations than... View More

1 Answer | Asked in Medical Malpractice and Health Care Law for New Jersey on
Q: Is it worth it to pursue a doctor's office if a medical professional violated my consent with testing?

My gyno asked if I wanted STI screening, I said no.

I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.

Is it worth it to pursue this?

Tim Akpinar
Tim Akpinar
answered on May 6, 2024

Probably not. Although your frustration is understandable, the issue that arises will be the amount of damages you suffered as a result of running tests that insurance would probably pick up. But that's only an individual opinion. Other attorneys might see things differently - you could try to... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

2 Answers | Asked in Workers' Compensation, Legal Malpractice and Medical Malpractice for New Jersey on
Q: Why attorneys turn down my case when they find out who my former attorney is?

I want to find an attorney that will help me with my case and not turn me down because they have relationships with my former attorney.

Joel Gary Selik
Joel Gary Selik
answered on Dec 13, 2023

If attorneys have a conflict, or other issue with the attorney to be sued, it is proper for them to reject the case.

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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Do I have a dental malpractice case due to root canal concerns raised by DMD and Endodontist?

In November 2021, I underwent a dental procedure by a local DDS (this was confirmed by the DMD in Sept23 by reviewing Insurance EOBs). In September 2023, I consulted a DMD in my college town due to a discolored tooth. X-rays revealed internal absorption, abscess, and capping of a live tooth, linked... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 23, 2023

Yes it is a potential case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced malpractice attorneys in the state where this occurred.

2 Answers | Asked in Medical Malpractice for New Jersey on
Q: A hospital in NJ found a brain aneurysm and didn't tell me. Discharged me saying I was "probably dehydrated."

They also suggested I get a stress test which would have greatly increased the odds of the aneurysm rupturing, quite possibly killing me. I feel that they didn't tell me about the aneurysm and rushed me out because I don't have medical insurance and am not a NJ resident. Do I have a case... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 18, 2023

If the failure to diagnose/advise of diagnosis caused you harm, you may have a case. Consult with experienced attorneys in the state where this occurred.

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1 Answer | Asked in Car Accidents and Medical Malpractice for New Jersey on
Q: Was in car accident not my fault other party ran stop sign...and also left car and ran from the scene..... hurt shoulder

At a later date I returned to an er and the doctor did not seem to believe I could not lift my shoulder higher so she forced it now I am unable to lift or use my left arm because she forced it when I told her it couldn't..... be

Joel Gary Selik
Joel Gary Selik
answered on Jun 14, 2023

You may now, not only have a case against the other driver, but also the doctor. Make sure you see other doctor's right away.

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: Could I have a case against an oral surgeon who cracked a healthy tooth because he was in a rush?

Tooth got cracked during a routine wisdom tooth extraction when the surgeon was removing a seperate tooth fragment. The whole procedure took maybe 5-10 minutes and he was in a rush the whole time

Joel Gary Selik
Joel Gary Selik
answered on Mar 11, 2023

You have a potential case.

Medical malpractice means that a doctor/dentist violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries...
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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Around 8 years ago my husband has had weight loss surgery

They never told us that people who have this have a higher chance of becoming addicted to alcohol. My husband even asked if could drink after and they said yes. Well the past 8 years my family suffered with him being an alcoholic. Can we sue since they never disclosed this could be a side effect... View More

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2022

I'm sorry for your husband's and your family's ordeal. One of the things that some law firms could anticipate in such a case is the argument that the alcoholism could be attributed to factors in addition to surgery-related ones. In terms of causation, it's something that defense... View More

2 Answers | Asked in Personal Injury, Car Accidents, Health Care Law and Medical Malpractice for New Jersey on
Q: Lawyer never filed suits and statute of limitations have expired and is offering $15,000 check seems hush money

My mom had a lawyer who was a friend of her friends, she hired him to file a few suits pertaining to personal injury and malpractice. He never filed the suits and now offered her a check for $15,000 along with a letter stating if she cashes the check it releases him from the fault of not processing... View More

Gerald D. Siegel
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answered on Mar 20, 2022

#1, it is unethical for a lawyer who blows a statute to try to settle with you without you being informed of your right to counsel and you obtaining an attorney. I strongly urge you not to accept any offer and cash the attorney's check without speaking with a personal injury lawyer who is... View More

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2 Answers | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for New Jersey on
Q: Possible medical negligence or malpractice?

I need advice.. My Father passed away on February 1. He had health conditions but his death was unexpected. Mid-January he had a nephrostomy done. The hospital refused him anesthesia for it because a COVID test was not done then gave him a fentanyl drip instead. I think the effects from this is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

I'm very sorry for the loss of your father. For your question as to whether to pursue, that's a personal decision and it could additionally hinge on whether a law firm identifies the basis for a medical malpractice claim - that generally involves the input of an opinion from a medical... View More

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1 Answer | Asked in Medical Malpractice and Elder Law for New Jersey on
Q: Who legally is medical P.O.A. for my dying mother? No legal paperwork has been done. I'm oldest of 4 girls

Mother is now brain dead and end of life questions have arose. My 2nd sister is insisting she makes all choices, cause she lives closest. She has been telling doctors what to do next without speaking to any of us. Hospital will not even except my calls, cause 2nd sister has lied and said shes POA.... View More

Richard Diamond
Richard Diamond
answered on Jan 26, 2022

I am terribly sorry to hear about your mother's condition and that you and your sister are fighting over how to handle your mother's current condition peacefully.

As to a power of attorney, I would be shocked (take a breath), if your sister was able to simply tell the hospital...
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1 Answer | Asked in Landlord - Tenant and Medical Malpractice for New Jersey on
Q: My tenant is running an illegal medical spa out of my condo. Her rn license is suspended. She is injecting botox.
Morris Leo Greb
Morris Leo Greb
answered on Jan 23, 2022

Send a notice to cease and desist in accordance with NJ statutory requirements. If you not familiar with the statutory requirements, consult with a local real estate attorney.

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: When I was in labor they gave me an epidural 20 times in a roll. My back is numb and never the same. what should i do?

They then said after injecting 6 times they said they couldn't find the nerve and they were gonna give me a few more shots.

They never stop'd to take a break.

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2021

I'm sorry for your ordeal. In terms of what you should do, one option you have is to reach out to New Jersey med mal attorneys to discuss further. If a law firm felt they could pursue a viable case on your behalf, they could retrieve your records and review with a medical professional. The... View More

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