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New Jersey Medical Malpractice Questions & Answers
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?

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2024

Malpractice is where the doctors act below the standard of care. Another doctor would have to evaluate the facts to determine if they acted below the standard of care.

Additionally, an attorney would have to determine if the amount of a potential recovery warrants a lawsuit considering the...
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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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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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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
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... 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

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: my wife broke 3 ribs JAN 8, 2023 doctors diagnosed arthrits until Mar 2 when it changed to cancer

2 months wasted that she could have radiation and chemo

can we hold doctors liable for delay?

she passed away Aug 4

Michael J. Mandelbrot
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answered on Jan 8, 2025

Hi - I'm very sorry for your loss. If they had properly diagnosed your wife, it is speculative whether 2 months of treatment may have made a difference. However, the type of cancer she was diagnosed with may qualify her for compensation. Please reach out to me privately and let me know and I... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Health Care Law and Medical Malpractice for New Jersey on
Q: I had an adverse reaction to a spinal steroid injection. The ED,MH Doctors +screeners were informed of the date + Doctor

I informed them of recent less severe similar reactions to oral steroids I had even brought myself for evaluation 3 times prior only to be sent home. I explained the previous symptoms and provided the date and Doctor’s name (which was all in my chart). Not one MH Doctor, ED Doctor or MH screener... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing this difficult situation. Begin by collecting all your medical records, including details of the steroid injection, your adverse reactions, and any communications with the ED and mental health professionals. Make sure to document dates, times, and the names... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: my wife was an OR nurse,,,she broke 3 left ribs working in the OR....she develoed bronchitus....

years later she broke 3 right ribs..she developed cancer....she passed away

any connection between these events

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2025

I'm so sorry for the loss of your wife. It's difficult to speculate about possible connections with these events, based on the brief facts. There is another possible element in such settings - operating room settings can expose medical personnel to surgical smoke from the use of lasers or... View More

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

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 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

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