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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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...
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.
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.
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.
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.
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.
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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