Lawyers, Answer Questions  & Get Points Log In
New Jersey Medical Malpractice Questions & Answers
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... Read 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... Read 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... Read more »

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
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... Read more »

View More Answers

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... Read 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... Read more »

View More Answers

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.... Read 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...
Read more »

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
PREMIUM
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 Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: I want to file a civil complaint in the District court of NJ pro se and In forma Pauperus .

Where do I need to send the complaint to if it is: 1. local police department 2. county prosecutors office 3. County Correctional center 4. Apartment complex All include multiple defendants .

Do I send it to the District court with the complaint and copies and summons or what paperwork... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 3, 2021

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... Read more »

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... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Medical Malpractice for New Jersey on
Q: Can I sue for the medical neglect, physical abuse, emotional abuse and sexual exploitation of my daughter in DDD homes

I have taken her out and collected documentation of beatings, lack of psychiatric care, broken arm and exposure to constant sexual exploitation.

Richard Diamond
Richard Diamond
answered on Apr 22, 2021

You need to sit down with a "certified civil trial lawyer by the NJ Supreme Court" to discuss your legal rights. This is obviously not a family law question but a matter involving the potential for a civil lawsuit for damages. If you run a search for a lawyer, type in the information... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I have a major medical malpractice case !!My case is worth over $7 million in damages...Can someone help me here ?
Tim Akpinar
Tim Akpinar
answered on Mar 1, 2021

You could reach out to medical malpractice attorneys to discuss. An attorney here can't reach out to you - this is only a question and answer board, not an attorney referral service. You could use the tab above (Find-a-Lawyer) or you could search independently on your own. Most med mal... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I had gastric bypass surgery in 2007, became an alcoholic for over a decade. No one informed me that this could happen

I lost everything, would like to know is something I can do about it?

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 28, 2021

I seriously doubt that you have a viable case. Having a gastric bypass and becoming an alcoholic is not reasonably foreseeable. In addition, your surgery occurred in 2007, so the statute of limitations has expired. There is no causal relationship between your alcoholic and gastric bypass.

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: is it possible that the hospital lied and said my mother had covid for money or something else ?

Nvm

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2020

No one can say for certain without seeing the records or interviewing the personnel who performed diagnoses. When it comes to COVID, it's possible a medical facility could assert they took every measure to be very conservative, cautious, and thorough so as not to subject an older patient to... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Litigation and Health Care Law for New Jersey on
Q: Do you handle medical malpractice cases
Tim Akpinar
Tim Akpinar
answered on Mar 10, 2020

This isn't a law firm. It's a question and answer board. But you can find New Jersey lawyers who handle med mal cases. See the Find-a-Lawyer tab. Good luck

Tim Akpinar

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for New Jersey on
Q: I need to find a medical practice lawyer my free consultations and a good lawyer

11 years in surgery surgon messed up on my stomach

Tim Akpinar
Tim Akpinar
answered on Feb 29, 2020

You should be able to arrange that. Medical malpractice lawyers typically provide free initial consults. You could look for lawyers on this site (Find-a-Lawyer), or conduct your own independent searches. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: How to find a Attorney who will protect the rights of a patient who is handicapped in ICU and misdiagnosis and care

My son has been in two hospitals for a total of three months. He is handicapped mentally and delayed. The doctors still can not diagnosis the reasons for his fever spikes. He has gone on a downward medical path. He acquired a collapsed lung, 3 pneumonia, bed sores and with all the testing the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 11, 2020

You need to call around and attorney cannot call you as that is called solicitation. That being said the best part of the case is probably the bed sores or non/mis diagnosis. Bed sores should never occur in a patient that cannot move themselves. Generally bed sores occur because of the following... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I have a major medical malpractice case including misdiagnosis of cervical cancer, deviation from the standard of Care.

I can't afford an attorney this is resulting in major surgery including a total hysterectomy and I am 32.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2019

I'm sorry about your ordeal. Being able to afford or not afford an attorney is a non-issue in med mal cases. Most attorneys who handle such cases work on a contingency basis, meaning that you do not pay them a retainer or hourly fee. Their fee materializes upon a successful verdict or... Read more »

3 Answers | Asked in Products Liability and Medical Malpractice for New Jersey on
Q: Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?

I’ve been having excruciating pains in my lower back ever since I had my spinal stenosis surgery in 2015. My doctors advised me that with proper physical therapy and epidural injections I would feel back to normal. On 6/14/2019 I had a Ct scan and last week the doctors compared it to a 2018 CT... Read more »

Noel Rivers
Noel Rivers
answered on Jul 16, 2019

It's hard to evaluate some cases without a more thorough review of all of the facts involved in the potential case. Though personal injury is not my main area of specialty, I work with an attorney who has extensive experience in helping people recover money in personal injury actions. He would... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: Is my dermatologist liable for not recognizing a bump which was a malignant melanoma for over a year and a half?

I notified the dermatologist about the bump and she didn't think it was anything important. For over a year covering three appointments this bump was discussed and no action was taken. I finally asked to have it biopsied and that's when they found out it was malignant melanoma. I had a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 30, 2019

Yes it sounds like you may have a good case against your dermatologist for failure to diagnose, however you also have to worry about waiting too long as you may lose the right to sue for your injuries/damages. I suggest setting up an appointment with a good lawyer ASAP, most offer free in office... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: My son was tested 'Negative' for a hearing test in NJ hospital. When we went to another one he tested 'Positive'

Could you please advise about my options here (for suing) or next steps? My family was in utter grief and pain when we heard the results from the first hospital. And which department of law would this type of issue typically falls under?

Thanks for your time and help!

-Rb

Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2019

there is a variablity in hearing tests. Suggest you speak to a hearing specialist to determine what the reason for the differences are.

Merely giving you a report of what they found isn't actionable. There is no harm to your son from having differential test results. There may be some...
Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Can I sue Massage Envy for damaging my face with a chemical peel? My face is 10x worse since my first visit.
Marc S. Berman
Marc S. Berman
answered on Feb 7, 2019

I’m so sorry to hear about your experience. I would need more details, and before and after photos of your face, to answer your question properly. You should consult an experienced New Jersey personal injury attorney immediately for a free consultation. You can easily find one of us on... Read more »

1 Answer | Asked in Legal Malpractice and Medical Malpractice for New Jersey on
Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?
Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2019

Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.