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New Jersey Medical Malpractice Questions & Answers
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
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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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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 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
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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

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