New Jersey Medical Malpractice Questions & Answers

Q: Can I sue Massage Envy for damaging my face with a chemical peel? My face is 10x worse since my first visit.

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on Feb 7, 2019
Marc S. Berman's answer
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 Justia.com. You must take proper legal action in time to preserve your rights, or you will be forever barred from recovering compensation. Good luck.

Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?

1 Answer | Asked in Legal Malpractice and Medical Malpractice for New Jersey on
Answered on Jan 9, 2019
Peter N. Munsing's answer
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.

Q: If a physician is retired from seeing patients yet serves as a collaborative physician, is it necessary to carry med-mal

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on Jan 9, 2019
Peter N. Munsing's answer
Generally you would be well advised to get insurance that protects you. I think you need professional negligence consultation given the high cost of insurance & the high cost of exposure or potential exposure.

Q: I was injured physically during a mammogram after X-rays a & MRI I have a superior labral tear in my shoulder

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on
Answered on Dec 13, 2018
Timur Akpinar's answer
Consult with a medical practice attorney in New Jersey. An attorney could request your medical records and examine the matter in greater detail.

Tim Akpinar

Q: it is complicated so I'll try to make it short. I am disabled, primary disabilities are severe anxiety and depression

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Answered on Nov 27, 2018
H. Scott Aalsberg Esq.'s answer
Unless it is a public entity a dentist does not have to treat you and can refuse you as a patient or make you wait.

Q: I was injured during a mammogram in 8/01/2018. After an X-ray & ortho visits & an MRI , I have a superior labral tear

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Jersey on
Answered on Nov 15, 2018
H. Scott Aalsberg Esq.'s answer
Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.

Q: Are screws and skin staples that were on CT, MRI, blood and fluid cultures a malpractice case?

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on Jun 4, 2018
Marc S. Berman's answer
I’m so sorry to hear about your dad's experience. You should immediately consult an experienced New Jersey attorney who accepts medical malpractice cases. You can easily find one of us on Justia.com. Your dad may well have a case, but the medical records need to be reviewed to be sure. Most lawyers offer a free consultation. Please also note that there are deadlines to sue. Your dad has to take proper legal action in time to preserve his rights. Good luck.

Q: How would I pursue a suit of medical malpractice against a hospital

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on May 22, 2018
H. Scott Aalsberg Esq.'s answer
The best way is to hire a good lawyer, but generally before a lawyer will take most malpractice cases they want proof of malpractice unless it is so obvious like leaving a scapel in side the person or the person had bed sores etc.

Q: In NJ can a DAG get medical info on someone without a warrant, without a medical release signed by the patient.

1 Answer | Asked in Criminal Law and Medical Malpractice for New Jersey on
Answered on May 16, 2018
Leon Matchin's answer
That is very complicated question requires thorough review and analysis but you didn't mention whether or not they had a GJ subpoena or not. An answer to a complicated legal matter such as this will be decided once you file motion to suppress and brief the law to the facts of the case. Let the court rule and if they decide against you then you should appeal.

Q: Patient abandonement?

1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Medical Malpractice for New Jersey on
Answered on Apr 20, 2018
H. Scott Aalsberg Esq.'s answer
I can't speak to the employment law issues, but if the patient was injured or suffered any loss it could actually be criminal in nature. Your responsibility to the patient is separate from you employers duty to you.

Q: Hi, is there a way to get metadata for medical records? I suspect that medical records are missing?

2 Answers | Asked in Medical Malpractice for New Jersey on
Answered on Apr 11, 2018
Marc S. Berman's answer
Probably, but you likely would have to file a lawsuit. If you think that you may have a medical malpractice claim, speak to a lawyer immediately. You can find one of us on this site. There are deadlines to take legal action. If you miss a deadline, you will never receive compensation. Good luck.

Q: What legal recourse do I have against a dental practice that has for over a year refused to submit my claims ?

1 Answer | Asked in Consumer Law and Medical Malpractice for New Jersey on
Answered on Mar 20, 2018
H. Scott Aalsberg Esq.'s answer
Your right it could be, but many dentists make you sign a waiver that states its your responsibility to file any claims and if they do it, it is as a courtesy, not a right.

Q: What is the standard of care for a failure to diagnose a disease in NJ? I think my mom might have a strong case.

2 Answers | Asked in Medical Malpractice for New Jersey on
Answered on Feb 23, 2018
H. Scott Aalsberg Esq.'s answer
In general the standard of care for physicians is determined by. what members of the same profession would do in a similar situation within the same geographic area. That being said much more information would be needed to tell you whether you have a strong case and even if you have a strong case it is not just the case but the damages she suffered as a result of the lack of due care. I suggest you setup a consultation with a lawyer to determine whether you truly have a strong case. Lastly...

Q: My doctor’s office is billing for not showing up to my appointments but I never signed anything and they didn’t tell me

1 Answer | Asked in Contracts, Medical Malpractice and Health Care Law for New Jersey on
Answered on Feb 15, 2018
H. Scott Aalsberg Esq.'s answer
It is not legal unless you agreed to it. However, most if not all doctors make you sign that you will pay for all missed appointments with your first appointment paperwork.

Q: Should my current employer workers compensation adjuster or Medical examiner question me about a previous settlement

1 Answer | Asked in Civil Litigation, Medical Malpractice and Workers' Compensation for New Jersey on
Answered on Jan 27, 2018
H. Scott Aalsberg Esq.'s answer
This question is best answered by your workers compensation lawyer, that being said it would be perfectly relevant because in workers compensation they need to know about any pre-existing claims so they determine whether this is a re-injury and to see if you have already been compensated for the part.

Q: After switching doctors and then coming back 1-2 years later, are the forms/contracts I signed initially still valid?

1 Answer | Asked in Contracts, Medical Malpractice, Small Claims and Health Care Law for New Jersey on
Answered on Dec 7, 2017
Leonard R. Boyer's answer
Call State Board of Medical Examiners. William Roeder

Executive Director

Board of Medical Examiners

P.O. Box 183

Trenton, New Jersey 08625

Tel No. (609) 826-7100

They should be able to fix your problem.

Q: Can the doctor fine me a 24-hr cancellation fee for an appointment their office mistakenly cancelled within 24 hours?

1 Answer | Asked in Contracts, Medical Malpractice and Small Claims for New Jersey on
Answered on Dec 6, 2017
H. Scott Aalsberg Esq.'s answer
You have a good argument on your side, but a lawyer would need to see your original signed cancellation agreement to know what your rights are, plus the zocdoc policy. This review would probably cost more than just paying the $100 fee to the doctor.

Q: Potential medical malpractice suit, no interest from attorneys.

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on Jul 7, 2017
Peter N. Munsing's answer
You can consult a few more attorneys--members of the NJ Justice Assn provide free consults. The problem is that it is expensive to bring a malpractice case, and her damages are not equal to the costs of bringing that type of claim.

However, if she is being asked to pay the first hospital bill she should ask to talk to the risk manager and point out that she eneded up with higher costs because the ER staff missed the diagnosis.

Q: I was put on bone meds for many years and lost more densitity each year. I lost had bones and still am.

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on
Answered on Apr 30, 2017
H. Scott Aalsberg Esq.'s answer
Yes you can bring a law suit the question is can you win, and even more importantly can you find a lawyer who would take the case as these cases are very expensive to prosecute against a drug company with deep pockets. Thus a lawyer would probably want a retainer up front and a portion of the suit if you win.

Q: Do we have a malpractice case?

1 Answer | Asked in Medical Malpractice and Wrongful Death for New Jersey on
Answered on Feb 18, 2017
Peter N. Munsing's answer
Indeed you should. Gerald Baker and Tom Vesper are such attorneys--tell them I suggested you call. Generally you want to speak with a NJ Assn for Justice member who handles malpractice cases--which they do. They give free consultations.

They will ask about approximate dates so make the appointment but try to sketch out a timeline.

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